Not every problem a disabled employee faces at work is the same legal issue. Two workers can both be struggling because of their disability, but one may have a discrimination claim while the other has a failure to accommodate claim. Understanding the difference matters because these are separate legal protections, and knowing which one applies to your situation is the first step toward doing something about it.
What disability discrimination looks like
Disability discrimination happens when an employer treats you worse because of your disability, and it does not have to be obvious. Under the Americans with Disabilities Act and the West Virginia Human Rights Act, it is illegal to let a disability influence decisions about hiring, firing, pay, promotion or any other term of employment. Common examples include:
- Being passed over for a promotion given to a less qualified colleague without a disability
- Being fired shortly after disclosing a medical condition
- Receiving lower pay than coworkers in the same role
- Being excluded from training opportunities based on assumptions about what you can handle
The employer does not have to say your disability was the reason. If the timing, the pattern or the circumstances suggest it played a role, that may be enough to support a claim.
What failure to accommodate looks like
Failure to accommodate is a separate issue. It is not about how your employer treats you compared to others. It is about whether your employer is willing to make reasonable adjustments that would allow you to do your job. Under the ADA and the WVHRA, employers must provide reasonable accommodations unless doing so creates an undue hardship on the business. Common examples of reasonable accommodations include:
- A modified work schedule
- A change in workspace
- A leave of absence
- Adjusted job duties
- Assistive equipment
When you request an accommodation, your employer must engage in an interactive process with you to find a workable solution. Failure to accommodate happens when your employer:
- Refuses to engage in that process
- Ignores your request
- Denies it without a legitimate reason
- Offers something that does not actually address your needs
If your employer falls short of this obligation, you may have a legal claim even if no one has treated you differently because of your disability.
Why the difference matters
You can experience both discrimination and a failure to accommodate at the same time, or you may only have one type of claim. The distinction matters because the legal standards are different. Speaking with an employment attorney can help you understand what your situation actually involves and what options are available to you.