Physical / Mental Disability Discrimination at Work

Author: Mesriani Law Group
Posted on: June 24, 2020

What is Physical/ Mental Disability Discrimination?

Physical and/or mental disability discrimination occurs when an employer treats a qualified disabled person with unfavorable actions. Disability discrimination is covered by the Americans with Disabilities Act (“ADA”). The ADA states that it is discrimination if an applicant or employer is unequally treated for past disability history. A person  qualifies as disabled if he or she has physical conditions that limit major life activities such as walking, talking, seeing, hearing, etc.  Other forms of disability are if a person has a history of a disability such as cancer. Those with mental disabilities or mental conditions also qualify under California’s Government Code definition.

This act prohibits discrimination in recruitment, hiring, promotions, training, pay, social activities, and other privileges.

Discrimination at Work

If an employer is firing an employee, the law forbids the reasoning be discrimination. This also applies to any promotions, job tasks, training, benefits, hiring, and layoffs.

Discrimination based on your disability is wrong and can take an effect on your life. Below are some examples of mental and physical disability discrimination at your workplace.

  • Depression
  • Schizophrenia
  • Bipolar Disorder
  • Anxiety Disorder
  • Post-Traumatic Stress Disorder
  • Arthritis
  • Amputation
  • Cerebral palsy

Any form of the above is protected under ADA in the case of an incident where you felt that you were treated unfairly.  Also, an employer may not ask an applicant to answer medical questions or take a medical exam before offering the job, but they could ask if you are capable to perform the job with or without accommodation.

Statistics in the Workplace

Approximately, 44 million adults over the age of 18 have reported having mental health conditions in 2017 which represents 18.5% of the US population. According to the National Institute of Mental Health, they have estimated that 18% have anxiety disorder, 9.5% depression, 4% ADHD, 2,6% bipolar disorder, and 1% schizophrenia. ADATA stated that psychiatric disability is the most common for employers to be under ADA.

What to do if You are Being Discriminated?

If you feel that you have been wrongfully terminated due to your mental and physical disabilities, seek a top attorney who specializes in these cases. Mesriani Law Group has experienced attorneys who have handled cases like these. If you have questions about disability discrimination, contact the attorneys at Mesriani for a free claim analysis.