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Practice Area

Disability Discrimination

Disability discrimination is any unfair treatment of employees or job applicants on the basis of disability — in violation of the Rights of Persons with Disabilities Act, 2016 (RPwD Act) and the Occupational Safety, Health and Working Conditions Code, 2020 (OSH Code). Employers must ensure equal opportunity, non-discrimination, reasonable accommodation, and accessibility in the workplace.

01

Legal Framework

  • Rights of Persons with Disabilities Act, 2016 (RPwD Act) — establishes equal opportunity, non-discrimination in employment, and reasonable accommodation obligations
  • Occupational Safety, Health and Working Conditions Code, 2020 (OSH Code) — harmonises employer obligations on accessibility and safe working conditions
02

What Counts as Disability Discrimination

  • Refusal to hire or promote a qualified candidate solely due to disability
  • Unequal pay or denial of wages compared to non-disabled employees
  • Failure to provide reasonable accommodation — e.g., denying assistive technology or flexible hours
  • Exclusion from training, benefits, or career advancement opportunities
  • Hostile work environment or harassment targeting disability
03

How We Can Help

  • Draft email and responses for employees raising the issue
  • File complaints under the Rights of Persons with Disabilities Act
  • Challenge unfair hiring, pay, or promotion practices
  • Ensure workplace accessibility and reasonable accommodation
  • Represent employees before labour authorities and courts
  • Secure equal opportunity, dignity, and justice

More Practice Areas

01

Wrongful Termination

What counts as a wrongful termination?

Learn more

02

Sexual Harassment

What counts as sexual harassment, and what remedies are available?

Learn more

03

Unpaid Wages

What counts as unpaid wages, and what remedies are available?

Learn more

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* An estimation extrapolated from operating account data as of June 29, 2024.

** As of June 29, 2024.

*** Our scaled hourly fees are as generally 40-50% lower than the average hourly fees charged by employment lawyers in the United States (source: 2023 Clio Legal Trends Report).

**** Reviews may be lightly edited for length and/or clarity. Stock images may be used.