Discrimination at work: Understanding your child’s rights
Federal law protects your child from being discriminated against at work because of a disability.
By Victoria Scanlan Stefanakos
Expert reviewed by JoAnna Barnes, JD
When people start working, there’s a chance they may run into discrimination. Thankfully, federal law protects qualified employees from being denied a raise, assignment, promotion, or other work opportunities because of their disability.
Many learning and thinking differences like and can qualify as disabilities. But people are protected only if their employer knows about their condition. Also, employees have to be qualified — meaning they must have the skills and ability to do the job.
Laws that protect against discrimination
If a qualified worker is laid off, demoted, paid less, or denied work opportunities because of a disability, that might be discrimination. If the employer doesn’t provide a reasonable accommodation so that someone can perform the job, that also might constitute discrimination.
The federal laws in this area overlap a bit. Here are the two most important ones:
(ADA): This law protects people with disabilities from discrimination at work. It applies to any private employer with 15 or more employees. ADA also applies to any temporary employment agencies. Also covered are state and local governments, and all public and most private schools — plus colleges and testing agencies.
Rehabilitation Act of 1973: Different sections of this law ban discrimination based on disability throughout the federal government. Section 501 applies to federal agencies. Section 503 applies to companies that do business with the federal government. Section 504 bars discrimination for any program or organization that gets federal funds. This last category is large and covers public schools as well as many private schools and colleges.
How to take action
If someone feels discriminated against at work, they can take action. They can file a complaint at an Equal Employment Opportunity Commission (EEOC) office near where they live. The EEOC is the federal agency in charge of enforcing laws like the ADA and the Rehabilitation Act.
It’s important to file the complaint within 180 days from the date when discriminated against because of a disability. The EEOC will investigate. If it finds there was discrimination, it can take a lot of actions.
Federal law protects qualified employees from being denied a raise, assignment, promotion, or other work opportunities because of their disability.
For example, if someone was fired, the EEOC can force the employer to rehire. It can also make the employer give benefits, back pay, and even a promotion. Legal costs and financial awards are possible as well.
If the EEOC finds there was no discrimination and dismisses the complaint, the person has 90 days to file a lawsuit in court if they want to pursue the case.
In addition to federal law, some states have their own laws banning discrimination based on disability. Check with your state government to find out about any additional rights.
Knowing that the law protects workers from discrimination can be a big help. Read about the pros and cons of disclosing a disability at work, and explore resources that can help with requesting workplace accommodations.
