Employers should judge candidates for open positions based on their performance and professional credentials. Federal and state laws prohibit discrimination against workers based on characteristics they cannot control.
Businesses should not consider personal characteristics that have no bearing on an individual’s capability to perform a job when deciding who to hire or promote. Race, age, sex and religion are all federally protected characteristics. Employers also cannot lawfully discriminate based on workers’ medical conditions.
If candidates can perform the tasks associated with a job with or without accommodations, then their medical condition should not impact the employer’s decision-making process regarding who to hire. Refusing to accommodate professionals is a relatively common form of disability discrimination that can put competent professionals at an unfair disadvantage.
When are accommodations necessary?
Provided that workers have documentation from medical professionals affirming that they require accommodations and that their employer is large enough for the law to apply, workers have the right to request reasonable accommodations. Under the Americans with Disabilities Act (ADA), any company with 15 or more employees has an obligation to accommodate those with disabling medical conditions.
Provided that the accommodation is reasonable and does not cause undue hardship, the company should consider the candidate for the position based on their overall capabilities and employment history, rather than medical challenges. Companies may also need to provide accommodations to existing employees when medical issues arise during their employment.
An outright refusal to provide medical accommodations could constitute disability discrimination. Workers denied promotions or positions because of their accommodation requests may want to hold companies accountable. Reviewing their situation with a skilled legal team may help the worker hold the employer accountable for inappropriate and discriminatory practices.