Understanding and Preventing Disability Discrimination in the Workplace

Creating an inclusive and supportive work environment is essential for both employee well-being and organizational success. However, disability discrimination in the workplace remains a significant challenge, impacting employees with physical and mental disabilities.

This article will help decision-makers understand disability discrimination, legal frameworks, and how mental health conditions fit into the broader conversation.

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What is Disability Discrimination?

It refers to unfair treatment of employees or job applicants based on a disability, whether physical, mental, or sensory. This can include:

Hiring biases
Lack of reasonable accommodations
Harassment
And even wrongful termination

Legal protections can vary by country, but in the United States, the Americans with Disabilities Act (ADA) prohibits discrimination and wrongful termination against individuals with disabilities in employment.

Similarly, the Equality Act 2010 in the UK protects workers from unfair treatment due to a disability. Therefore, employers must provide reasonable accommodations to ensure that physically or mentally disabled employees can perform their jobs effectively.

Here are some statistics regarding disability at work:

According to the U.S. Equal Employment Opportunity Commission (EEOC), 25,004 disability-related discrimination charges were filed in fiscal year 2022, accounting for 34% of all workplace discrimination complaints.
A report by the Center for Talent Innovation found that only 21% of employees with disabilities disclose their conditions to their employers' human resources departments, often due to fear of bias or negative repercussions.
Research indicates that 75% of employees with disabilities have ideas that would drive value for their companies, yet nearly half of these ideas do not receive endorsement.

These statistics highlight the ongoing issue of employee disability discrimination and the need for organizations to take proactive measures to prevent it.

Are Mental Health Conditions Considered Disabilities?

Yes, many mental health conditions are considered disabilities under various legal frameworks, including the ADA in the U.S. and the Equality Act in the UK.

Conditions such as depression, anxiety disorders, bipolar disorder, and PTSD may qualify as disabilities if they significantly impair an individual’s ability to perform daily tasks or work-related functions.

But… When is a mental health condition considered a disability?

Under the Americans with Disabilities Act (ADA):
- The ADA defines a disability as a physical or mental impairment that substantially limits one or more major life activities.
- This includes conditions like depression, anxiety disorders, and post-traumatic stress disorder (PTSD) when they significantly impair daily functions such as concentrating, interacting with others, or sleeping.

Under the Equality Act 2010 (UK):
- The Equality Act 2010 also considers a mental health condition a disability if it has a substantial and long-term adverse effect on a person's ability to carry out normal day-to-day activities.
- 'Substantial' means more than minor or trivial, and 'long-term' means the condition has lasted or is likely to last at least 12 months.
- ‘Long-term impact’ refers to a condition that should be long-lasting, typically 12 months or more.
- ‘Normal day-to-day activities’ include everyday tasks like eating, washing, walking, and shopping.

It's important to note that not all mental health conditions are classified as disabilities. The determination depends on the severity and duration of the condition's impact on daily life.

Examples of Disability Discrimination in the Workplace

This type of discrimination can manifest in various ways, adversely affecting employees' professional lives and well-being. Below are real-life examples of disability discrimination in the workplace:

Type	Example	Impact
Failure to Provide Accommodations	Denying necessary tools or adjustments for employees with disabilities.	Limits job performance and may lead to legal consequences.
Exclusion from Opportunities	Overlooking employees with disabilities for promotions or projects.	Stifles career growth and fosters inequality.
Harassment and Derogatory Remarks	Making offensive comments about an employee's disability.	Creates a hostile work environment and affects employee well-being.
Unfair Dismissal	Terminating employment due to a disability without reasonable cause.	Results in loss of livelihood and potential legal action against the employer.
Inadequate Training	Failing to provide necessary training materials in accessible formats for employees with disabilities.	Hinders employee development and can lead to decreased job performance.

Refusal to Provide Reasonable Accommodations: In 2016, a Starbucks employee with dyslexia was accused of falsifying documents due to her disability. The company failed to provide necessary accommodations, leading to a tribunal ruling in her favor for disability discrimination.
Exclusion from Projects Due to Disability: A security guard at the Science Museum in London, suffering from chronic health issues, was denied a suitable chair despite medical recommendations. This exclusion from necessary support hindered her ability to perform her duties effectively.
Derogatory Remarks About an Employee’s Condition: Employees with disabilities often face harassment or ridicule based on their conditions, creating a hostile work environment. Such behavior not only affects their mental health but also violates legal protections against workplace disability discrimination.
Unfair Dismissal Related to Disability: Janie Crampshee, a funeral director from Aberdeen, was dismissed following her battle with cancer. Despite her efforts to return to work and adapt to her condition, her employer terminated her employment, leading to a tribunal awarding her over £60,000 in compensation.
Failure to Promote Due to Disability: Senior finance professionals with disabilities reported being overlooked for promotions and facing prejudiced attitudes, impacting their career progression.

Consequences of Disability Discrimination

Disability discrimination in the workplace has significant consequences across personal, legal, and organizational dimensions.

Personal Consequences

Emotional Distress: Individuals facing disability discrimination often experience heightened stress and anxiety. Research indicates that adults with disabilities are more likely to cite discrimination as a significant source of stress compared to those without disabilities (26% vs. 18%).
Reduced Job Satisfaction: Discriminatory practices can lead to decreased job satisfaction among employees with disabilities, which may result in higher turnover intentions.

Legal Consequences

Lawsuits and Fines: Organizations found guilty of disability discrimination may face substantial legal penalties. For example, a former Walmart employee with Down syndrome was awarded $300,000 after being wrongfully terminated due to her disability.
Reputational Damage: Publicized incidents of discrimination can tarnish a company's reputation, making it less attractive to potential employees and customers.

Organizational Consequences

High Turnover: Discriminatory environments contribute to increased employee turnover, leading to higher recruitment and training costs.
Low Morale and Reduced Productivity: Discrimination negatively impacts employee morale and productivity, resulting in decreased organizational commitment and job performance.

Addressing disability discrimination is essential not only for legal compliance but also for maintaining a healthy, productive, and inclusive workplace.

How to Identify Disability Discrimination

So, now you know what is disability discrimination in the workplace, but how exactly can you identify it? Recognizing signs of disability discrimination is the first step toward addressing and preventing it. Key indicators include:

Exclusion from Team Activities: Intentionally excluding employees with disabilities from meetings or collaborative projects can signify discrimination.
Biased Performance Evaluations: Providing unjustifiably negative performance reviews to employees with disabilities, despite their competence and achievements, may indicate bias.
Ignoring Accommodation Requests: Not responding to or denying reasonable accommodation requests, such as modified workstations or flexible schedules, constitutes discrimination.
Harassment and Derogatory Remarks: Making jokes or derogatory comments about an employee's disability contributes to a hostile work environment.
Unequal Opportunities: Denying promotions or professional development opportunities to employees with disabilities, regardless of their qualifications, reflects discriminatory practices.

As you can see, you will need not only sensitivity training to identify these signs of disability employment discrimination in your organization, you will also need to connect with your most human side, and use the tool resources available in your department to accurately identify, eradicate, and prevent these situations.

meditopia's 42% engagement rate as eap makes it ideal to train managers and HR to effectively recognize and prevent disability discrimination

Strategies to Prevent Disability Discrimination in the Workplace

Implementing effective strategies to prevent disability discrimination is essential for fostering an inclusive and equitable workplace. Below are actionable measures that organizations can adopt:

Strategy	Description	Takeaway
Inclusive Training	Educate staff on disability awareness and legal obligations.	Promotes understanding and reduces biases.
Accommodation Policy	Establish clear procedures for providing reasonable accommodations.	Ensures support for employees with disabilities.
Accessible Workspaces	Modify physical spaces to be navigable by all employees.	Creates an inclusive environment for individuals with mobility impairments.
Diverse Recruitment	Adopt hiring practices that encourage applications from candidates with disabilities.	Enhances workforce diversity and inclusion.
Policy Reviews	Regularly update company policies to align with current laws and best practices.	Maintains compliance and fosters an inclusive culture.

1. Inclusive Training

Overview: Develop and conduct regular training programs that educate employees and management on disability awareness, legal obligations under acts like the Americans with Disabilities Act (ADA), and the significance of inclusivity in the workplace.
Why It Matters: Such training addresses and reduces unconscious biases, promotes understanding, and cultivates a culture of respect. It ensures that all employees are informed about appropriate workplace behaviors and the importance of diversity.
Impact: Organizations that implement comprehensive diversity, equity, and inclusion (DEI) training programs have observed improvements in workplace inclusivity and employee satisfaction.

2. Accommodation Policy

Overview: Establish clear, written policies outlining the process for employees to request reasonable accommodations. This includes defining what constitutes a disability, the types of accommodations available, and the procedures for requesting and implementing these accommodations.
Why It Matters: A well-defined accommodation policy ensures that employees with disabilities receive the necessary support to perform their job functions effectively. It demonstrates the organization's commitment to inclusivity and legal compliance.
Impact: Organizations with clear accommodation policies experience higher employee retention and satisfaction rates, as employees feel supported and valued.

3. Accessible Workspaces

Overview: Modify physical work environments to ensure accessibility for all employees, including those with mobility impairments. This includes installing ramps, ensuring accessible restrooms, adjustable workstations, and appropriate signage.
Why It Matters: An accessible workspace enables all employees to perform their duties effectively and safely, reducing potential barriers to productivity.
Impact: Companies that prioritize accessibility often see increased productivity and a broader talent pool, as they can attract and retain employees with diverse abilities.

4. Diverse Recruitment Practices

Overview: Implement hiring practices that actively seek to include candidates with disabilities. This can involve partnerships with organizations that support disabled professionals, ensuring job postings are accessible, and training hiring managers on unbiased recruitment.
Why It Matters: Diverse recruitment enriches the talent pool, promotes innovation, and reflects the organization's commitment to inclusivity.
Impact: Organizations with diverse teams are more likely to have financial returns above their industry medians, as diversity brings varied perspectives and problem-solving approaches.

5. Regular Policy Reviews

Overview: Periodically review and update company policies to ensure they comply with current disability discrimination laws and reflect best practices. This includes assessing accommodation policies, training programs, and recruitment practices.
Why It Matters: Regular reviews help maintain legal compliance, demonstrate a commitment to continuous improvement, and ensure that policies remain relevant and effective.
Impact: Companies that regularly update their policies are better positioned to prevent discrimination and foster a positive work environment, leading to increased employee morale and reduced turnover.

Real-Life Examples of Disability Discrimination

Understanding real-life instances of disability discrimination in the workplace is crucial for HR professionals and managers aiming to foster inclusive environments. Below are notable disability harassment examples highlighting the consequences of such discrimination:

Company Fined for Failing to Provide Accommodations

American Airlines: In 2024, the U.S. Department of Transportation fined American Airlines $50 million for mishandling wheelchairs and failing to provide adequate assistance to disabled passengers between 2019 and 2023. This penalty underscores the legal and financial repercussions of neglecting accommodation responsibilities.
Katz's Deli: In 2025, the iconic Katz's Deli in New York City agreed to a $20,000 fine for non-compliance with the Americans with Disabilities Act (ADA). The settlement also mandated improvements to the deli's accessibility features, including staff assistance for disabled individuals at the main entrance and renovations to the restrooms.

Legal Consequences of Workplace Harassment Due to a Disability

EEOC Lawsuits: The EEOC has actively pursued cases against employers failing to accommodate employee disabilities. For instance, in 2022, labor sourcing companies TrueBlue, Inc. and PeopleReady, Inc. agreed to pay $125,000 to settle an ADA lawsuit where an employee with a psychiatric disability was terminated despite being medically cleared to return to work.

Mental Health Discrimination Cases

EE Employee with Anxiety and Depression: An EE call center agent suffering from anxiety, depression, and post-traumatic stress disorder (PTSD) was told to "get a grip" by her manager. The Employment Tribunal found that she was discriminated against due to reasons arising from her disability, highlighting the importance of supportive management practices.
NHS Hospital Cleaner with Mental Health Issues: Zoe Kitching, an NHS hospital cleaner at Royal Lancaster Infirmary, was unfairly dismissed after being off sick for more than 400 days over four years due to complex mental health issues such as anxiety, depression, and bipolar disorder. Despite substantial evidence of her disability, her managers failed to acknowledge it, leading to her sacking in June 2023.

Lessons Learned for Employers

Proactive Accommodation: Employers must anticipate and address the needs of employees with disabilities to prevent legal action and foster an inclusive workplace.
Policy Implementation: Establishing clear policies for accommodations and ensuring all staff are trained on these protocols can mitigate risks.
Regular Audits: Conducting regular reviews of workplace practices and facilities ensures compliance with ADA standards and demonstrates a commitment to all employees' well-being.

By learning from these incidents, HR professionals and managers can implement better practices to prevent discrimination and promote a supportive work environment.