The DC Human Rights Act (DCHRA) is at the forefront of civil rights statutes nationwide. Together, the federal Americans With Disabilities Act (ADA) and the DCHRA forcefully prohibit disability discrimination and require Reasonable Accommodation (RA) in many spheres of life. And nowhere are those statutes stronger than in the context of employment.
Disability rights can be very complicated and often call for the services of a skilled disability discrimination attorney. To learn more about disability discrimination and reasonable accommodation in Washington, D.C., contact Seldon Bofinger today.
How is Disability Defined and What Protections are in Place Against Discrimination?
Many people have misconceptions about what a disability is and what the law protects in the workplace. To speak in the most general terms, a disability is any physical or psychological impairment that limits you in one or more major life activities in a way or ways that affects your performance of the essential duties of your job without your Washington, D.C. employer granting your request for RA or an effective alternate RA. Exceptions are limited to situations when your employer can show that accommodating you would pose an undue hardship to its business.
When she was Speaker of the House of Representatives, Nancy Pelosi pushed legislation through Congress to overturn two Supreme Court decisions that significantly narrowed the ADA’s protections. That legislation, known as the ADA Amendments Act, restored the federal mandate that having a disability cannot be used against you and prevent you from participating in every aspect of our society and culture. Not even temporarily. The DCHRA has long recognized these rights, declaring that all individuals are entitled to participate fully in the economic, cultural, and intellectual life of the District.
How Do I Know if My Rights Have Been Violated?
In terms of the workplace, if you are disabled and have been excluded from consideration for a job because of a disability, shuttled off to an undesirable job because of your disability, overheard co-workers and managers making sarcastic jokes about your disability, or denied your right to RA, your rights under the DCHRA and the ADA may have been violated.
Disabilities—and the ways in which discrimination can occur—are varied and can be open or subtle. Here are just a few examples of disability discrimination you may face and why you need and may be entitled to RA Reasonable Accommodation when your employer in Washington, D.C. cannot show that accommodating you would be an undue hardship.
Denial of Breaks
Diabetes may require you to take regular breaks to regain your strength or go to scheduled dialysis treatments. Your employer cannot deny you the right to do so just because they “want you there.”
Requests to Work Remote or in a Private Office Space
Heightened sensitivity to allergens or forever chemicals may mean that you need to work from home frequently and have a private office with a strong air purifier to stop debilitating coughing and allergic reactions when you must be at the workplace. These accommodations cannot be denied to you just because you are not senior enough or because having managers supervise employees remotely is “a bad look.”
Similarly, you may struggle with a physical disability that makes it dangerous for you to come into the office when Metro stations and sidewalks are slippery and icy. You may have had a supervisor who knew how hard you worked to overcome your disability and trusted you completely when you called in to work from home on days like that. That’s what RA is about, and it can’t be taken away because there’s a new supervisor who doesn’t like the idea.
Psychological Disabilities and the Need for Core Hour Adjustments
Psychological disabilities can affect upwards of 10% of Americans every year. They are poorly understood but very real. Individuals who suffer from psychological disabilities may find themselves with managers who disbelieve there are such things, and letting you change your core hours a few days a week is not reasonable. You also deserve better treatment when you are trying hard to hold it together until you find an effective medication regimen, and that does not leave you with brain fog.
Workspace Accommodations
Carpal Tunnel Syndrome may have been caused by years of working at a computer. You just cannot be forced to work at the same desk and terminal until you can’t do it anymore. You may be entitled to a functional analysis and evaluation of your workspace and reassignment of nonessential duties. Maybe a better computer monitor is all you need.
These examples illustrate just a few of the many ways disability discrimination can occur, including situations where documented impairments are dismissed or minimized.
Reach Out to Our Washington, D.C. Team to Learn More About Reasonable Accommodations and Disability Discrimination
If you find your employer is denying you the accommodations you need, contact Seldon Bofinger for a discussion of your rights. We have successfully represented many clients whose documented disabilities were not believed and whose rights to RA were dismissed and denied. Schedule your consultation today to discuss disability discrimination and reasonable accommodation in Washington, D.C.