Disability Discrimination and Disability-Related Absences

By Gregory Thyberg on January 31, 2020


A person in a wheelchair using a laptopPeople with disabilities deserve fair treatment. Any form of harassment or discrimination at work should not be tolerated. That’s why Sacramento, CA disability discrimination lawyer Gregory A. Thyberg is here to help. He can hold toxic workplaces accountable for their culture of harassment and discrimination, and help you and your loved ones recover lost wages.

Some employers may subject their employees to discriminatory treatment over absences from work. Our law firm would like to discuss workplace discrimination over disability-related absences, and the legal protections you have if you are unable to make it to work in such cases.

Illnesses and Absences Due to a Disability

If you have a disability, you know that it may impact your ability to be at work. Medical screenings or issues with mobility and transportation can be frustrating for you and your employer. Yet your employer should be aware of possible absences from work due to medical conditions. With this knowledge, arrangements can be made that take potential absences into account. More on that in a moment.

Extended Leaves Over a Disability-Related Matter

In addition to single-day absences or absences that may last a few days, some disabilities may result in extended absences from work. These kinds of disabilities could involve flare-ups of serious health conditions and other serious medical issues. Thankfully, workers with disabilities do not have to be punished at their job for dealing with the challenging realities of their medical condition.

Protections by the Americans with Disabilities Act (ADA)

The Americans with Disabilities Act provides protections for employees in companies that have more than 15 employees. Companies in Sacramento and across the nation cannot discriminate against employees with a disability, which includes terminating them solely due to their disability and absences related to said disability.

Making Reasonable Accommodations

Employees with disabilities can speak with their employer to arrange for reasonable accommodations given their disability. This usually means that they can work remotely to accomplish job duties if absences are expected.

So long as this does not adversely impact the nature of the job and its performance, these accommodations allow workers to complete job duties and work-related tasks despite absences from the actual workplace. Telecommuting is quite common these days, even among workers who do not have a disability.

Signs of Discrimination

It’s important that employees be mindful of possible workplace discrimination over their absences. This may include the following actions or behaviors:

  • Unwillingness to make reasonable accommodations
  • Unfair treatment due to absences
  • Withheld raises or promotions
  • Harassment from co-workers or supervisors
  • Toxic environment while at the workplace
  • Termination as a result of absences the employer was made aware of

Reporting Disability Discrimination

If you feel that you were discriminated against due to absences from the workplace that were the result of your disability, bring it up with your company’s HR department. If they are unresponsive to your claim, it’s important to reach out to the Equal Employment Opportunity Commission (EEOC). Whether it’s harassment or wrongful termination, potential discrimination should never go unreported.

How Our Attorneys Can Help

Being discriminated against due to your disability should not be tolerated, especially when it comes to absences for medical reasons. Our attorneys can go over the details in your case and help you seek compensation for lost wages, lost future earnings, and the difficulties caused by your mistreatment at work. We are here to help you.

Learn More About Disability Discrimination Lawsuits

If you live in the Sacramento area and would like more information about your legal options regarding disability discrimination, be sure to contact a skilled employment law attorney. You can reach the team at ThybergLaw by calling (916) 204-9173.

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