If you have a disability and have ever experienced what you consider unfair treatment at your California job, you may have avoided speaking up, possibly because you were unsure whether your treatment constituted discrimination or because you feared losing your job. Disability discrimination is an umbrella term for a broad number of related behaviors, all of which involve your employer or someone else at your place of business treating you differently because of your disability.
According to WorkplaceFairness.org, you might be a victim of workplace disability discrimination before a company even hires you if a potential employer asks you questions about your medical condition, whether current or past. Once hired, you might be a victim of this type of behavior if you have a disability and your employer discriminates against you and treats you differently with regard to hiring, assignments, salary, benefits or promotions, among other areas.
You may, too, be a victim of disability discrimination if your employer fails to accommodate a reasonable request you make in relation to your disability. For example, if you are a severe diabetic and someone who requires regular injections, your employer must respect your request for injection breaks when necessary. Please note, however, that disability discrimination only occurs if your employer is aware of your disability and fails to accommodate it. Similarly, if you want your employer to make a reasonable accommodation for you on account of your disability, you must request it. Otherwise, your employer, in most cases, does not have a duty to do so.
While this information about disability discrimination is educational in nature, it is not a substitute for legal advice.