West Virginia Disability
Posted by Tamara
Many employers believe that under federal law, a hostile work environment only relates to sex discrimination. This is not true. A hostile work environment can exist when employees are the targets of negative comments and behaviors based on race, religion or disability, as well.
In West Virginia, as in other states, discrimination against employees with disabilities is illegal – and so is harassment. This behavior may include jokes, slurs, or other personal slights directed at the individual as a result of their disability.
In a recent Texas case, a fast-food franchise regional manager was repeatedly subjected to ridiculing remarks about her hearing loss. A complaint was levied through the Equal Employment Opportunity Commission or EEOC and the employee was awarded more than $150,000.
The judge sited a hostile work environment as the basis for the award. Ironically, two of the tormentors were the company owner and an HR person. They taunted the worker with comments like, “Have you got your ears on?” and “CAN YOU HEAR ME NOW?”
Federal law prohibits discrimination of individuals in the work place due to disability. Employers are prohibited from refusing to hire someone who is disabled, if the individual could complete the work requirements with a reasonable accommodation. Employers must make reasonable accommodations for disabled employees, even if they were not aware of the disability at the time of hiring.
An employer is permitted under federal law to ask if accommodations will be required prior to hiring an individual who is obviously disabled, such as someone in a wheelchair. However, the disability cannot be the deciding factor in any employment decisions, including hiring, firing, training or promotion.
Federal law does not require the prospective employee to volunteer any information concerning a disability or reasonable accommodation prior to hiring.
Disabled workers are protected under federal law in the workplace. This protection extends from the hiring process and includes the establishment by the employer of a work place free of hostile and discriminatory behavior.
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