Disability discrimination is often discussed in the context of employees seeking fair treatment, but company leaders are not immune to these challenges. Executives, managers, and business owners may also encounter discrimination based on actual or perceived disabilities. When this happens, the stakes are high for your career, your professional reputation, and your well-being. Here, a San Francisco disability discrimination attorney from The Armstrong Law Firm provides guidance on how to respond when you find yourself in this situation.
Recognizing Disability Discrimination in Leadership Roles
Disability discrimination occurs when adverse actions are taken against someone because of a disability or a perceived impairment. For company leaders, this can manifest in unique ways. Examples include:
- Being denied promotion to executive committees or boards due to health concerns
- Having responsibilities reduced or reassigned under the assumption that you cannot handle them
- Experiencing exclusion from strategic discussions or key decision-making roles
- Facing pressure to step down or retire earlier than planned
Understanding that these actions may qualify as discrimination under federal and California law is the first step toward protecting yourself.
The Legal Protections in Place
The Americans with Disabilities Act (ADA) and the California Fair Employment and Housing Act (FEHA) prohibit disability discrimination at all levels of employment, including management and executive positions. These laws require that qualified individuals, regardless of rank, be assessed on their skills and performance, not their health conditions.
Employers must also provide reasonable accommodations, even for senior-level employees, unless doing so would create an undue hardship. Notably, the law recognizes both visible and invisible disabilities. These protections may apply whether you are managing a chronic illness, a mental health condition, or a physical impairment.
Practical Steps Leaders Can Take
When you believe you are being subjected to disability discrimination, it is essential to act strategically and carefully. Here are key steps to consider:
- Document everything: Keep a detailed record of every incident you believe constitutes discrimination. Save all relevant emails, memos, performance reviews, and any other communications that could support your claim. The more thorough your documentation, the stronger your case will be.
- Request accommodations formally: If your condition requires an adjustment, submit a written request. This establishes a paper trail and demonstrates your willingness to engage in the interactive process.
- Review company policies: Familiarize yourself with your company’s internal policies regarding discrimination, harassment, and reasonable accommodations. Many companies have established procedures for reporting such issues.
- Consult legal counsel promptly: Consulting with an experienced disability discrimination attorney is vital. A lawyer can help you understand your rights under federal and state law, evaluate the strength of your case, and guide you through the complex legal process. They can also advise you on whether to pursue internal reporting mechanisms or to proceed directly with legal action.
- Avoid retaliating or reacting emotionally: It is crucial to maintain your professionalism. Retaliating against colleagues or engaging in emotional outbursts can harm your case. Continue to perform your duties to the best of your ability and let your legal counsel guide your actions.
- Be prepared for the process: Litigation can be lengthy and emotionally draining. Be prepared for potential pushback from your employer and for the need to provide extensive documentation and testimony.
Facing disability discrimination as a company leader can be an unsettling experience. However, you are not without recourse. By taking the steps listed above, you can effectively challenge discriminatory practices, protect your career, and set a strong example of accountability for others in your organization.