Both Indiana and federal laws prohibit companies from discriminating against workers who have disabilities. Discrimination is defined as an act that segregates, limits or incorrectly classifies a worker due to his or her disability. It is also discrimination to use different administrative criteria that would have the effect of discriminating against a worker. It may also be considered discriminatory to limit job opportunities to qualified workers due to a relationship with a disabled employee.
Employers are required to make reasonable accommodations for employees who have disabilities. An employer may be taking a discriminatory action by failing to provide those accommodations. Failing to hire a qualified worker based on the need for reasonable accommodations if hired is also considered discrimination. If passing a test is a requirement for employment, those with disabilities must be provided with proper resources to properly take the test.
These tests or other screening methods must not be used to target or exclude those with disabilities. The only exception to this rule is if it is legitimately related to an individual’s ability to do the job properly. An exception to the rule may also be granted if there is no way to ensure the safety of a potential employee even if accommodations were made in accordance with state law.
Disabled employees who feel as if they are being discriminated against due to a disability may seek relief against their employer. It may be possible to win an employment law case to earn compensation for lost wages. Consultation with an employment law attorney may make it easier to settle the case in a favorable manner for the worker.
Source: www.in.gov, “Chapter 5. Employment Discrimination Against Disabled Persons“, September 28, 2014