Overview
Disability discrimination at work occurs when employees or applicants are treated unfairly due to physical or mental impairments. This article explains how to recognise discrimination, document incidents, address issues internally, and seek legal support. It outlines practical steps workers can take to protect their rights and respond effectively to workplace discrimination.
Introduction
Discrimination is frighteningly prevalent in the workplace. In fact, just last year, more than 60% of US workers reported experiencing or witnessing discrimination. There are many forms, of course, and this means the majority of people could be affected. You might be targeted because of your age, gender, sexual orientation, race, or even if you have a disability.
Disability discrimination occurs when an employee – or a job applicant – is treated unfairly. They might be disadvantaged or harassed. This is the result of a physical or mental impairment. It extends further than direct unfair treatment, too. It will include failing to provide reasonable adjustments and policies that disproportionately disadvantage disabled staff members.
If you are discriminated against because of a disability, you need to know how to react. Fortunately, this post outlines three must-do steps.
Act Immediately and Record Details
Taking action quickly is essential. Many anti-discrimination laws have time limits you must adhere to. In other words, delaying could weaken your ability to make a claim or complaint.
Begin by documenting everything that has happened. Write down the date, time, and location of each incident. Include exactly what was said or done. The names of people involved and any witnesses should be noted down, too. If the discrimination occurs in written communication – emails or internal messages – save copies and store them somewhere safe outside of work.
It’s also wise to keep a personal record of how the situation affects your word. Note down if you are excluded from meetings, denied adjustments you requested, or treated differently from colleagues in a similar role.
Your case will be strengthened by keeping detailed notes. This makes it easier to explain the situation, too, if you later decide to report it.
Take Informal Action Before Formal Action
In some situations, addressing the issue informally is best. It might feel uncomfortable. This means speaking to the person discriminating against you. However, you must remember that discrimination sometimes occurs because of a misunderstanding or lack of awareness, rather than deliberate intent.
If you feel safe doing so, speak directly with the person responsible for the behaviour. Calmly explain what happened. Tell them why this was inappropriate or harmful. The key here is staying composed. Raising the issue early on might stop the behaviour before it escalates further. Again, only do this if you feel safe to do so. Your safety is the priority.
But you might need to speak with your line manager or a member of your Human Resources (HR) department. Many organisations have internal procedures, and these processes are designed to resolve workplace disputes without the need for formal complaints.
Of course, if the issue continues or the response you receive is inadequate, then you may need to escalate the matter. Do this through your company’s formal grievance process. The evidence you have previously detailed will be helpful at this stage.
Seek External and/or Legal Support
Unfortunately, internal efforts might fail. Or the discrimination will be too severe. If so, seek outside help. This is often necessary due to the complexity of workplace discrimination. Professional advice will help you understand your rights and the options available to you.
There are several options available here. You might choose to speak with a workers’ rights organisation. Or maybe you’ll reach out to a union representative in the workplace. Or you might even contact experienced lawyers for employee discrimination cases. The latter will be able to review your situation and explain possible next steps.
The right legal professional is knowledgeable. They will help you determine whether your employer has violated anti-discrimination laws. If your employer has, then the attorney will guide you through filing a formal complaint or claim.
An example of this occurred in 2025. Drake Solomon, a former performer for the Denver Nuggets, alleged disability discrimination and retaliation against the ownership group. This happened after he developed serious health issues, which required surgery, and Kroenke Sports & Entertainment then failed to accommodate his medical needs.
To conclude, no one should have to tolerate unfair treatment at work. You could protect your rights and your wellbeing by following the steps outlined above.
