Steps to Fight against Workplace Disability Discrimination

POSTED : August 19, 2021

Discrimination and harassment happen at workplaces around the world. Workplace disability discrimination means harassment of employees on the basis of nationality, race, colour, origin, religion, sex, disability, pregnancy, and age. However, there are federal laws that prohibit the discrimination at the workplace on the basis of such factors.

If you are working in an organization and facing any kind of discrimination due to any disability, you can follow the tips to deal with the same in the workplace.

Inform your employer

You need to inform your employer about the incident of being harassed and make it clear that the behaviour or conduct is unacceptable. No employer will ask you to appeal against the harassment. You need to make sure that your personal rights are protected against any kind of discrimination at the workplace.

Record the incidents of harassment

Discriminating can happen any time, and it may not be possible to record all the things for the first time. However, you should note the things like time, date, location, parties involved in the incident and other details of the misconduct. Noticing these points helps you to file a legal case against the employer and parties involved in the incident.

File an internal complaint

Your employer might want to reconsider its decision, once you have complained about the incident of discrimination that happened to you. Filing an internal complaint provides the company with a chance to rectify the problem. The human resources department or higher management may resolve the issue at the right time. It also puts the organization on notice, of your discrimination claim.

Review the federal and state laws

In case your employer or company does not respond to your complaint, you need to review the federal and state laws in your country. This will help you know about your rights while working as an employee. The workplace disability discrimination law in Orange County allows you to file a case against any act of discrimination in the workplace.

File a charge of Discrimination

If your employer ignores or refuses to handle your complaint against discrimination, it’s time to take the next step. If you are working in California, you can file a charge of discrimination with the federal Equal Employment Opportunity Commission (EEOC) or California’s antidiscrimination agency. It is essential to file a charge before filing a lawyer; otherwise, your case may get rejected.

File the charge in time

Generally, there is a time limit for filing a charge. If you are working in California, you are required to file the charge within 90 days of the incident of discrimination. Once you fill the charge, the agency will start processing it. EEOC or the anti-discrimination agency will also ask your employer to respond to the charge before conducting an investigation. The agency provides you a “right to sue” letter, which provides you with the right to sue your employer in the court.

File a Lawsuit

After getting your right to sue letter, you can file a lawsuit against your company. If you have not contacted a lawyer, then it’s time to contact one to carry out the legal proceedings. An experienced lawyer will help you to evaluate your claim and guide you throughout the process. The lawyer may also contact your employer for settlement.

Final Words

The above-given tips help you to follow the correct procedure against any disability discrimination. If at any time, you feel that you are harassed or humiliated on the basis of your disability, the above steps will guide you. The workplace disability discrimination law in Orange County offers you the right to file a case against incidents of discrimination.




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