February 28, 2023

How to Prove Disability Discrimination in the Workplace

It’s no secret that discrimination and harassment still occur in the workplace. Unfortunately, this is not always easy to prove. However, understanding the steps you should take to document and prove disability discrimination in your workplace can help ensure you receive full and fair compensation.

What Does Disability Discrimination Look Like? 

Discrimination against people with disabilities can take several forms. Some of the most common include:

  • Refusal to Hire Based on Disability: Workplace discrimination can occur when a potential employer refuses to hire you based solely on your disability. A potential employer should not ask you about your disabilities during recruitment.
  • Termination or Forcing Resignation Based on Disability: If an employer terminates or forces you to resign because of your disabilities, you can file a workplace discrimination claim. However, an exception exists if you cannot perform essential job functions with reasonable accommodations.
  • Pay or Job Assignment Discrimination: An employer should not discriminate against you in pay or job assignments because of your disability. Pay or job assignment discrimination may include giving you lower pay or assigning you a less desirable shift than other employees in the same job group.

What Your Lawyer Needs to Prove to Win Your Case

To prove disability discrimination in the workplace, your New York Employment Lawyer will need to show that your employer treated you differently from other employees who are not disabled. This can involve proving that you were given different job duties, denied access to benefits or job opportunities, or treated in a way that affected your work life.

Similarly, your lawyer must show that this treatment was based on your disability. This can be done by providing evidence that your employer was aware of your disability and that the discriminatory treatment occurred after the awareness.

Your lawyer must also show that business necessity does not justify the treatment. This involves proving that your employer cannot demonstrate that the action taken against you was necessary for business operation.

If your lawyer can successfully prove workplace discrimination, you are entitled to recover damages, including back pay and attorneys’ fees.

Collecting Evidence of Disability Discrimination

If you are a victim of workplace disability discrimination, it is important to collect evidence to support your claim. The evidence can include evaluations or performance reviews showing that you met expectations before the adverse action was taken against you.

You may also want to gather statements from co-workers who witnessed the discriminatory treatment. A New York disability attorney can help you determine what evidence is most helpful in proving your case.

Get Help From Our New York Employment Lawyers

The New York employment lawyers at Mizrahi Kroub LLP can help you navigate the complex process of filing a claim. We understand how to handle various disability claims for physical and mental impairments. Contact us today or call us at (212) 595-6200 for a free consultation. We will review your case and explain your options for moving forward.

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