How Do I Address A Coworker Making Offensive Comments About My Disability?

How Do I Address A Coworker Making Offensive Comments About My Disability?

Facing disability discrimination at work can be deeply stressful and isolating. When a coworker makes offensive comments about your disability, it creates a hostile work environment that undermines your dignity and ability to perform your job. The Law Offices of Jeannette A. Vaccaro PC understands the challenges you face and is committed to helping employees take decisive action against workplace harassment.

Here’s how you can address discriminatory comments made by coworkers:

• Document each incident with detailed notes
• Report the harassment to HR in writing
• File a complaint with the California Civil Rights Department (CRD) if the behavior continues
• Consult with an employment attorney if harassment persists or you face retaliation

How Can I Respond to Harassment and Discriminatory Comments?

Taking action against disability harassment requires a strategic approach. Your response should create a clear record of the misconduct while following proper workplace procedures.

• Document Incidents: Keep detailed records of every harassing comment or behavior, noting the date, time, location, what happened and any witnesses. Save emails, texts or other communications as evidence. 
• Report to HR in Writing: Submit a formal written complaint to HR with specific details of the incidents and witnesses. Follow your company’s reporting procedures or email HR directly and request a written response on their next steps. 
• File a CRD Complaint: If your employer fails to act, file a complaint with the California Civil Rights Department (CRD) under FEHA within three years of the most recent incident. The CRD may investigate, mediate or take legal action. 
• Consult an Attorney: If harassment continues or retaliation occurs, contact an employment attorney. They can assist if your employer ignores your complaints or takes adverse actions like demotion, reduced hours or termination.

What Are My Rights Under FEHA and ADA?

Both the Fair Employment and Housing Act (FEHA) and the Americans with Disabilities Act (ADA) provide strong protections against disability harassment in the workplace.

• FEHA Protections: The California Fair Employment and Housing Act (FEHA) prohibits harassment based on physical or mental disability for employers with five or more employees. It ensures your right to a workplace free from severe or pervasive offensive conduct, such as comments, jokes or slurs, related to your disability.
• ADA Protections: The Americans with Disabilities Act (ADA) prohibits disability discrimination and harassment for employers with 15 or more employees, similar to FEHA. Both laws clarify that harassment can originate from supervisors, coworkers or customers, and employers are legally obligated to take prompt action to cease such harassment once informed.
• Addressing Discriminatory Comments: If a coworker makes offensive comments about your disability, your employer is required to investigate and take corrective action. Behavior that is severe or frequent enough to create a hostile work environment or impact your ability to work may establish grounds for a harassment claim under both FEHA and ADA.

What If the Harassment Continues?

When harassment persists despite your efforts to address it through company channels, you need to escalate your response to protect your rights and well-being.

When your employer fails to stop harassment or retaliates against you for reporting it, consulting an employment attorney becomes critical. An attorney can assess potential violations of FEHA or ADA requirements, advise on the strength of your claim and ensure your case is effectively presented to the Civil Rights Department (CRD) or in court, ensuring you understand all available remedies.

Consult With a Disability Discrimination Attorney Now

Disability harassment in the workplace is illegal and unacceptable. By documenting incidents, reporting to HR, filing a complaint with the CRD when necessary and consulting with an experienced employment attorney, you can fight back against discrimination and hold your employer accountable. The Law Offices of Jeannette A. Vaccaro PC is ready to help you resolve your workplace matter. Contact our firm today for a free case evaluation and learn about the legal options available to you.