Getting hurt on the job can happen for all sorts of reasons. Some people work in high-risk professions where overexertion or traumatic injury are known risk factors. Factory workers and construction employees, for example, are at greater risk of severe injury than many other professionals. Hospital workers also have reason to worry about life-altering injuries acquired on the job.
Typically, employees with job-related injuries should receive support from their employers. Unfortunately, companies sometimes discriminate against injured workers instead of treating them with respect and providing them with appropriate support. Discrimination based on medical conditions is a violation of federal law. The following are some of the most common ways that companies discriminate against workers with job-acquired medical challenges.
Penalizing leave requests
The law extends the option of taking a medical leave of absence in many scenarios. Those employed at midsize or larger businesses might be eligible for leave under the Family and Medical Leave Act (FMLA) for up to 12 weeks. They should not face any sort of punishment from the company for taking necessary leave to heal or undergo treatment. Sadly, it is quite common for employers to punish workers who ask for an extended leave of absence by denying their leave request or demoting them when they return to work.
Refusing to provide accommodations
Those with work-acquired medical conditions often have job restrictions. The doctor providing them with care determines that they cannot perform certain functions or need certain types of support. The Americans with Disabilities Act (ADA) entitles most employees to reasonable accommodations that allow them to continue working despite a disabling medical condition. When employers could offer reasonable support to an injured employee but choose not to, their actions may constitute disability discrimination.
Terminating workers with injuries
Sometimes, companies decide to eliminate workers to report on-the-job injuries, apply for workers’ compensation benefits or request accommodations. Any of those situations potentially constitutes illegal retaliation. A worker’s medical condition should not affect their employment at a company. Businesses should not terminate workers, deny them promotions or otherwise consider their medical condition when making important employment decisions.
Workers who have experienced disability discrimination may need help holding their employers accountable. Filing a discrimination lawsuit is sometimes the most effective way to change the culture at a company that does not respect workers who get hurt on the job.
