Many people living with disabilities face unique challenges in the workplace. However, the struggle can be even more daunting for those with conditions that may not be immediately apparent to others, such as mental health conditions, chronic illnesses, or neurological disorders.
If you have a hidden disability, it is crucial to understand your rights and the protections available to you under the law.
The law is on your side
The Americans with Disabilities Act (ADA), the District of Columbia Human Rights Act (DCHRA), and comparable laws in many states, provide protections for employees with disabilities, including those with hidden disabilities. These laws require employers to provide reasonable accommodations to enable you to perform your job. These laws also prevent employers from discriminating against you in terms of hiring, firing and promotion decisions, or from retaliating against you because you requested a reasonable accommodation.
Asserting your rights
The first step to asserting your rights is to disclose that you have a disability to your employer. This can be a difficult and personal decision, but it is necessary to trigger the employer’s duty to provide accommodations. You should be prepared to provide medical documentation to support your request. You should also be prepared to propose or discuss potential reasonable accommodations.
What constitutes a reasonable accommodation?
A reasonable accommodation depends on the specific facts of each person’s workplace and the disability. For example, if you are an employee with a mental health condition, you might need a flexible work schedule or regular breaks. If you are an employee with a chronic illness, you might need modifications to your workspace. It is important to communicate your needs to your employers to determine the appropriate accommodations.
Protecting your rights
Unfortunately, there can be employers and managers who may doubt the validity or severity of hidden disabilities. If you feel that your rights have been violated or if you need help requesting a reasonable accommodation, do not hesitate to seek legal help. An experienced employment law attorney can guide you through the process and help protect your rights.
Remember, having a hidden disability does not make your workplace needs any less valid. You have the right to a fair and accommodating workplace, and there are laws in place to protect you. By understanding these rights and protections, you can advocate for yourself and create a better work environment for all employees with hidden disabilities.
