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