April 27, 2023

Disability Discrimination Against Workers and Job Applicants

As a disabled individual, you are entitled to the same opportunities and privileges as any other employee or job applicant. Unfortunately, not all employers hold their employees and applicants to the same standard, which leads to unfair treatment and discrimination, especially for people with disabilities.

Discrimination against disabled employees and applicants occurs when an employer treats someone with a disability less fairly than those without a disability. This form of discrimination can occur at any stage of employment, from recruitment to job training, promotion, and termination.

What Are My Rights As A Disabled Employee or Job Applicant Protected by the ADA? 

The Americans with Disabilities Act of 1990 (ADA) prohibits discrimination against individuals with disabilities. To qualify for ADA protection, you must meet the following requirements:

  • A physical or mental disability significantly limiting your ability to engage in major life activities
  • Have episodic conditions like diabetes or epilepsy
  • Your employer believes you have a disability
  • You have a history of impairment or disability
  • You struggle with addiction, such as alcohol or drug use disorders

Protections Under the Americans with Disabilities Act 

The ADA provides many protections for employees who meet the above criteria. As a disabled worker, you have a right to:

  • Reasonable accommodation
  • Accessible facilities
  • Harassment protection
  • Equal employment opportunities
  • Medical information privacy

What are the Most Common Forms of Disability Discrimination in the Workplace?

  • Unequal Pay Or Benefits: An employer may provide different pay or benefits to workers with disabilities. Some employers may also not offer the same opportunities for advancement. Unequal pay discrimination against disabled workers is prohibited under the ADA, and the law mandates all employers to provide equal pay for work of equal value.
  • Failing To Provide Reasonable Accommodation: All employers are responsible for providing their disabled workers with reasonable accommodations. If your employer fails to provide these accommodations, you have a right to sue them for discrimination. Terminating or demoting an employee because of their disability is also a violation.
  • Disability Harassment: Disability harassment can include offensive or negative comments or actions directed to you due to your disability. This can come from a supervisor, subordinate, or coworker.

The Americans with Disabilities Act makes it illegal for employers to take adverse actions against qualifying employees based on their disability. These actions include but are not limited to firing, demoting, denying deserved promotions, reducing pay, and changing your schedule.

What Should You Do If You’re Experiencing Disability Discrimination at Work?

If you believe you’re experiencing disability discrimination at work, you should first inform your supervisor, manager, or Human Resources department of the discrimination. You should also consider filing a complaint with the Equal Employment Opportunity Commission. If you are unsure of how to start pursuing legal action, you should talk to an attorney to determine your best course of action.

Contact our Experienced New York Employment Attorneys Today

If you experience disability discrimination at work, contact our New York Employment attorneys for legal guidance. Contact Mizrahi Kroub LLP at (212) 595-6200 to learn more.

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