Receiving criticism about your work can leave you wondering whether your employer has identified a real problem or started looking for a reason to treat you differently. That can become more troubling after you disclose a disability, request an accommodation or experience symptoms that affect your work. A performance concern alone does not prove discrimination. Still, the circumstances around it can matter.
Here are some signs that can help you spot when performance concerns deserve a closer look.
Sudden changes in performance expectations
A change in the standards you must meet can raise concerns when your employer suddenly makes your job harder after a disability-related event. For example, you might face a new productivity target, tighter deadlines, added duties or closer review that did not apply before.
Compare the expectations you had before and after the change, especially if your employer introduced them after you disclosed a disability or asked for an accommodation.
Disability-related symptoms treated as performance problems
Symptoms linked to a disability can sometimes look like ordinary work or conduct problems. This can happen with mental disabilities when symptoms affect focus, communication, attendance or behavior. For example, a manager might describe trouble focusing as a lack of effort or treat disability-related absences as a sign that you cannot be relied on.
Federal law lets employers set valid work standards. At the same time, the ADA may require reasonable changes that help a qualified employee meet those standards.
Performance concerns that follow disclosure
Negative feedback that starts after you disclose a disability can deserve a closer look, even when your formal work standards stay the same. For example, your employer might start criticizing work that once met expectations, issue new warnings or put you on a performance plan soon after learning about your condition.
The timing alone does not prove discrimination, but it can add useful context when you look at the full situation.
Inconsistent treatment of employees
Different treatment of employees with similar work problems can provide another useful clue. If coworkers faced similar issues but received different warnings, discipline or chances to improve, those differences can help you assess whether your employer applied its standards in the same way.
Protect your right against workplace discrimination
Performance concerns can be signs of discrimination when they suddenly come up after you disclose your condition. Keep performance reviews, emails, disciplinary notices and accommodation messages. Write down dates and exact statements while the details remain fresh. If you notice a pattern, an attorney can review these records with you and help you assess what happened and what options may fit your situation.
