How to Defend Yourself in a Disability Discrimination Lawsuit
Include statements about disability discrimination in your employee handbook., Provide regular training courses., Communicate your anti-discrimination policies to all employees., Teach your supervisors how to handle requests for accommodation.
Step-by-Step Guide
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Step 1: Include statements about disability discrimination in your employee handbook.
Your staff should have information regarding what is expected of them in the workplace and how to work with disabled employees.Written policy manuals are required under the law of many states.Make sure every employee has his or her own copy of the employee handbook as soon as possible after hiring. -
Step 2: Provide regular training courses.
Continuing education demonstrates your commitment to anti-discrimination and can be used as evidence that you take workplace discrimination seriously.
Federal and state employment discrimination agencies have representatives available to speak to your employees regarding compliance with state and federal law.Employees should understand how to recognize and eliminate physical barriers that inhibit the movement of people with physical disabilities.Employees also should understand that harassment or intimidation of other employees because of their physical or mental disability will not be tolerated., State and federal agencies have materials available that you can post in employee break rooms and other areas.
Employees should understand that every effort will be made to accommodate their disabilities provided they inform a supervisor of their disability and their need for accommodation.
Uniform orientation programs ensure every employee has received the same information regarding your policies and rules and understand your standards of conduct and professionalism in the workplace.You may be required, either by state or federal law, to post notices informing employees of their right to be free from disability discrimination, and how to request reasonable accommodation of a disability.Keep in mind that employees often turn to state or federal agencies because they feel they have nowhere else to turn.
Communicating your concern about workplace discrimination freely will encourage employees to reach out to you first, before they file a claim and escalate the issue., Your supervisors should understand that when a request is made, every effort must be taken to provide the requested accommodation.
Often accommodation of a disability will be simple.
For example, if you have an employee who cannot stand for more than 30 minutes at a time, and she is working at a cash register where employees regularly stand for four hours at a time, accommodating her disability is simply a matter of making a stool available for her so she can sit.If the requested accommodation requires actions or expenses beyond that supervisor's immediate power, he or she should pass on the request as soon as possible to someone capable of addressing it.
Supervisors or managers should understand that they must avoid asking employees or potential employees about their disabilities, even if a physical disability seems obvious.
It is up to the employee to request accommodation. -
Step 3: Communicate your anti-discrimination policies to all employees.
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Step 4: Teach your supervisors how to handle requests for accommodation.
Detailed Guide
Your staff should have information regarding what is expected of them in the workplace and how to work with disabled employees.Written policy manuals are required under the law of many states.Make sure every employee has his or her own copy of the employee handbook as soon as possible after hiring.
Continuing education demonstrates your commitment to anti-discrimination and can be used as evidence that you take workplace discrimination seriously.
Federal and state employment discrimination agencies have representatives available to speak to your employees regarding compliance with state and federal law.Employees should understand how to recognize and eliminate physical barriers that inhibit the movement of people with physical disabilities.Employees also should understand that harassment or intimidation of other employees because of their physical or mental disability will not be tolerated., State and federal agencies have materials available that you can post in employee break rooms and other areas.
Employees should understand that every effort will be made to accommodate their disabilities provided they inform a supervisor of their disability and their need for accommodation.
Uniform orientation programs ensure every employee has received the same information regarding your policies and rules and understand your standards of conduct and professionalism in the workplace.You may be required, either by state or federal law, to post notices informing employees of their right to be free from disability discrimination, and how to request reasonable accommodation of a disability.Keep in mind that employees often turn to state or federal agencies because they feel they have nowhere else to turn.
Communicating your concern about workplace discrimination freely will encourage employees to reach out to you first, before they file a claim and escalate the issue., Your supervisors should understand that when a request is made, every effort must be taken to provide the requested accommodation.
Often accommodation of a disability will be simple.
For example, if you have an employee who cannot stand for more than 30 minutes at a time, and she is working at a cash register where employees regularly stand for four hours at a time, accommodating her disability is simply a matter of making a stool available for her so she can sit.If the requested accommodation requires actions or expenses beyond that supervisor's immediate power, he or she should pass on the request as soon as possible to someone capable of addressing it.
Supervisors or managers should understand that they must avoid asking employees or potential employees about their disabilities, even if a physical disability seems obvious.
It is up to the employee to request accommodation.
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