Am I Being Passed Over for Promotions Because of My Disability?

Dedicating years of hard work to your career should bring opportunities for professional growth and advancement. Yet, in some cases, you may sense that your physical or mental impairment has become an invisible barrier to future success.

At Olivier & Schreiber PC, our team of experienced employment law attorneys understands the financial and emotional toll of workplace injustice. We have recovered millions of dollars for clients who have faced discriminatory conduct. If you suspect your employer is passing you over for promotions because of your disability, you may have legal options available to you.

To determine if your employer is acting illegally, look for the following key indicators:

• Subtle disability bias in advancement decisions.
• Unfair comparisons of your qualifications against those of other candidates.
• Retaliation tied to prior accommodation requests.

An experienced attorney can be essential in evaluating your situation, verifying these factors, and helping you pursue a claim where appropriate.

Is There Disability Bias in My Company’s Advancement Decisions?

Discrimination is rarely explicit, but that does not mean it does not happen. Employers seldom state that a physical or mental disability is the reason for a denied promotion. Instead, bias may manifest through more subtle actions.

You might notice sudden changes in your job performance reviews after a change in your disability status. Your manager might exclude you from essential meetings, make jokes about disabilities in the workplace, or refuse to respond to your complaints. If you experience these behavioral shifts, especially prior to a promotion denial, your employer might be acting with discriminatory intent.

How Are Employee Qualifications Compared?

When employers make advancement decisions, they must evaluate candidates based on their capabilities related to the essential functions of the job. A worker must be able to perform these core tasks, with or without a reasonable accommodation.

However, employers may unfairly shift the criteria to favor non-disabled candidates. They might, for instance, emphasize physical tasks that are entirely unrelated to the actual job requirements. If a company promotes a less qualified individual while citing your inability to perform a non-essential task, they may be engaging in unlawful discrimination.

Can Retaliation Be Tied to Accommodation Requests?

Requesting an accommodation is a legally protected right under California and federal law. An accommodation is any adjustment to a work environment that enables a qualified employee with a disability to properly complete their duties. Unfortunately, some employers view these requests negatively. If you ask for an ergonomic chair or a modified work schedule and your employer suddenly denies a long-anticipated promotion, you might be facing retaliation for your request. Punishing an employee in this way for exercising their legal rights is a direct violation of employment law.

What Documentation Helps a Disability Discrimination Claim?

If you decide to pursue legal action, evidence is your strongest asset. To build a strong case, you must gather comprehensive documentation.

Helpful documentation can include:

• Copies of all performance evaluations, especially those received before and after you disclosed your disability, if applicable.
• Written records of your requests for reasonable accommodations and company responses where appropriate.
• Emails and correspondence regarding the promotion and the reasons you were denied.
• Notes detailing specific incidents of exclusion or harassment, including times and dates.

Take Action Against Workplace Discrimination

All persons are entitled to the dignity of work. You have the right to advance in your career free from illegal bias. By recognizing the signs of discrimination based on a disability and documenting your experiences, you can move toward justice in your workplace.

If you believe you are being denied opportunities due to your disability, you need a dedicated legal ally. Contact the experienced attorneys at Olivier & Schreiber PC to schedule a consultation and discuss your legal options today.