Do you face workplace discrimination over a cognitive disability?

On Behalf of | May 11, 2022 | Firm News

Cognitive disabilities impact a person’s mental functioning and may result in issues with communication, social skills and the ability to help or care for themselves. While some cognitive disabilities are severe and prevent individuals from working, others are mild and allow individuals to work in an array of industries.

Protection is provided for those with cognitive or intellectual disabilities by the Americans with Disabilities Act and the Equal Employment Opportunity Commission. While this is true, some individuals with cognitive disabilities still face workplace discrimination. Some of the ways this occurs can be found below.

Failure to approve leave when needed

It isn’t an official rule that all requests for leave must be approved for those with cognitive disabilities. However, it is required that employers make the needed accommodations for these individuals. This means approving requested leave for disability-related matters.

Denying or questioning a worker’s disabilities

An employer does not have the right to question an employee’s disabilities. While this is true, they can ask qualifying questions to determine what skills an employee has and if they can perform the job tasks required.

Not providing reasonable accommodations

It’s required for employers to meet reasonable requests for accommodations. The only time denial is allowed is when a court considers the request unreasonable. For example, it requires too much monetary investment.

Understanding your rights

Workplace discrimination can occur in many situations. Understanding what it is and if it is impacting you is a must. If you believe you have been the victim of cognitive discrimination, you have legal rights. Be sure to understand these to know what recourse you have if this situation arises.