Allegations of medical, or disability-related, discrimination can come as a real surprise to employers. Often, employees believe that they have adequately conveyed to a manager the existence of an illness that needs accommodation, but employers are unaware of the condition or don’t recognize that an accommodation has been requested. In other cases, a seemingly compassionate employer is taken aback when an employee complains about all the alterations that an employer has made to an employee’s working environment. It takes a real expert to understand all the laws covering disabilities in the workplace, and it isn’t surprising that employers continue to receive allegations of workplace discrimination based on medical and disability issues at alarming rates.
It is extremely difficult to properly collect and analyze data regarding disability discrimination because properly describing, evaluating, and drawing conclusions based on appropriate comparators is extremely difficult. Discrimination claims often have a complicated and confusing medley of mental, physical, and other types of conditions that influence each person and each workplace differently. The Lynch Service Company knows what to ask for when beginning the process of investigating a complaint based on disability. After collecting the relevant data, the investigators are able to gather the direct and indirect indicators of differential treatment in the workplace so that employers have the data required to make decisions about these allegations. After the process of investigation is completed, LSC will consult with employers regarding the entirety of the situation alleged and make investigative determinations that allow employers to enact a good and appropriate response to those allegations. Finally, LSC will also describe those investigative findings in a report intended to document that issues were presented, investigated, and concluded based on the employee’s concern of disability discrimination.
When you have an employee describing allegations of differential treatment based on medical concerns or disability issues, contact the Lynch Service Company to explore the most appropriate and calculated response to those allegations.