Being disabled poses a lot of challenges. This is especially true when considering employment. Finding a job can be difficult as some employers fear what they may have to do to accommodate somebody with a disability.
Then there is the challenge of actually working once you do manage to find a job. There is a lot of workplace discrimination that takes polace when you have a disability. It could be in the form of crude comments, of being excluded in the social aspect of the job and in some cases that you get passed over for a promotion based on your disability.
This is called promotion discrimination and is a serious problem for the disabled who are looking to improve their career. In this article, we will go over what it means and what you can do if you feel that you are a victim of this type of discrimination.
Failure to promote?
This is a particularly insidious form of discrimination as it is not always obvious that it is because of somebody’s disability. And, even when it does seem obvious to the person being affected, it is sometimes subtle enough that even the best discrimination lawyer can have trouble proving it to be the case.
There are, of course, legitimate reasons for not promoting somebody. And even if that person is in a protected class, it doesn’t mean that they are owed a promotion over somebody else.
However, there are times when these reasons cross over into illegality. It is illegal to fail to promote due to somebody’s disability, sexual orientation, age or other reason. If this person has all the right qualifications and is consistently passed over then it is logical to draw the conclusion that they have a failure to promote case.
How to proceed
It isn’t easy to prove that the disability was the reason for the failure to promote. It is up to the person who was affected to do some work to make a case that a lawyer can then use.
Make sure to document every incident that occured at work in which it seemed that there was some form of harassment against you. Anytime there was a rude or crude comment about your condition should be recorded and any witnesses called upon to concur. This can be proof that there was a concerted effort to pass you over because of your disability.
If there was any other form of discrimination, then this also needs to be documented. For example, if you ever got excluded from an office event with the excuse that it wouldn’t be compatible with your disability or even if there was feigned concern for your well being then this can certainly be used as evidence.
What you are entitled to
If you are able to make the case that your disability was the real reason for the failure to be promoted then you could be entitled to the difference in salary as if you had gotten the promotion.
There could even be payments caused by the pain and suffering caused by the discrimination and even the legal fees that were paid.