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How Disability Discrimination Lawyers Help You Fight Back Against Unfair Treatment at Work

Facing unfair treatment at work because of a disability can be a frustrating and lonely experience. Many people do not know how to fight for their rights when they feel they have been subjected to discrimination at work. This is where disability discrimination lawyers in New York come in to help. These lawyers help you understand your rights and how to fight back against unfair treatment at work.

In this blog post, we will learn more about how these lawyers help you and how you can fight back against unfair treatment at work.

What is Disability Discrimination in the Workplace?

Disability discrimination occurs when an individual at work or an individual who is an applicant for a job is subjected to unfair treatment based on physical or mental conditions. It can be direct or indirect discrimination.

Some instances where you can be subjected to this form of discrimination at work include:

  • You are denied a job or promotion based on your disability.
  • You are terminated after you disclose your medical condition.
  • You are denied reasonable accommodation.
  • You are subjected to harassment based on your medical condition.
  • You are subjected to different treatment based on assumptions about your medical condition.

Laws at the federal, state, and local levels protect employees from such treatment. However, it can be difficult to fight for your rights without an attorney.

Understanding Your Legal Rights

One of the first ways disability discrimination lawyers help is by explaining your rights in simple terms. Many employees are not fully aware of the protections under laws like the following:

  • The Americans with Disabilities Act.
  • The Family and Medical Leave Act.
  • Various State and Local Human Rights Laws.

These laws require employers to:

  • Avoid discriminatory actions
  • Provide reasonable accommodations
  • Permit employees to take medical leave
  • Avoid retaliating against employees for exercising their rights

A lawyer can help you understand if your situation is a form of discrimination and the laws that protect your case.

Identifying Subtle and Hidden Discrimination

Not all discrimination is obvious, and employers may often use other excuses to cover up their actions.

For example, an employer may:

  • Suddenly give poor performance reviews after an employee discloses a medical condition
  • Unfairly changing an employee’s job responsibilities
  • Provide false excuses for termination or demotion

Disability discrimination lawyers are experienced and knowledgeable about these behaviors and can help you identify if your employer is discriminating against you, even if this is not obvious.

Assistance with Reasonable Accommodations

Employers are required to make reasonable accommodations to help employees perform their jobs, unless this would cause an undue hardship for the business.

Examples of reasonable accommodations include:

  • Flexible working hours
  • Changes to job responsibilities
  • Special equipment
  • Medical leave or telecommuting options

Protecting Your Rights Under FMLA

The Family and Medical Leave Act (FMLA) is a law that grants employees up to 12 weeks of unpaid leave for medical situations or to take care of a family member.

However, employees are often retaliated against for taking leave, such as the following:

  • Demotion
  • Passed over for promotions
  • Reduced responsibilities
  • Job termination

A lawyer helps prove that these are no coincidences. They build a case to prove that these discriminations started after the employer was made aware of the employee’s condition or leave.

Gathering Evidence and Building a Strong Case

To prove that disability discrimination happened, a lawyer is required to gather sufficient evidence. This is one of the major roles that a lawyer plays. They help gather evidence such as the following:

  • Email and written communication
  • Employee performance review
  • Medical records (where applicable)
  • Witness statements
  • Employee history

By gathering this information, a lawyer may build a strong case that shows how disability discrimination happened to an employee.

Filing Complaints and Legal Claims

If complaints are still not working, then the next step is to file a claim. A disability discrimination lawyer is able to help an employee file a claim through the following:

  • Filing complaints to relevant authorities, such as the EEOC
  • Handling all legal documents
  • Representing the victim in court
  • Making sure that all legal procedures are followed

This ensures that the process is less stressful for the victim and that a positive outcome is achieved.

Negotiating Compensation and Settlements

Employees who have suffered disability discrimination are entitled to compensation for the suffering that they endured. The compensation includes:

  • Back pay (lost wages)
  • Front pay (future lost income)
  • Emotional distress
  • Reinstatement to employment

Lawyers can negotiate with employers to ensure that the victim is compensated fairly. If this does not work, then the lawyer is able to take the case to court to ensure that the victim is compensated for the suffering that he or she endured.

How Cohen & Fitch Can Help

Are you facing discrimination issues in your workplace? If yes, then having proper legal support will be extremely helpful. Cohen & Fitch LLP has considerable experience in disability discrimination cases in New York City.

Their attorneys have experience in dealing with employers trying to avoid responsibility and will help you find out why your employer has been discriminatory towards you. They will help you recover damages such as lost wages, emotional distress, and more.

Their excellent record and commitment to fighting for employees’ rights will help you recover damages while going through the process with their guidance.

Final Thoughts

Discrimination against employees in the workplace, especially if it’s because of disability, is illegal. Your workplace should be the one where you feel comfortable, supported, and given equal opportunities.

Disability discrimination lawyers in New York play a crucial role in ensuring that your voice is heard. They will help you understand your rights, build a case, and recover damages, making sure that you stand up against discrimination with confidence.

If you feel that you are being discriminated against, don’t let things get out of hand. Take action now.

Frequently Asked Questions (FAQs)

What constitutes a disability?

According to the law, disability constitutes a physical or mental impairment that limits major life activities. It may include chronic illnesses, mobility problems, mental health issues, and more.

Can I be retaliated against for taking medical leave?

No. Under the FMLA, no one is to be retaliated against for taking medical leave. If an employer retaliates against an employee, it is considered unlawful.

Can my employer fire me because of my disability?

No. Employers cannot fire an employee because of a disability. If they do, it is considered unlawful discrimination.

What is a reasonable accommodation?

Reasonable accommodation is any adjustment that enables an individual with a disability to perform the essential functions of the job.

How long do I have to file my claim?

You have to file your claim according to the specific law and location. However, it is advisable to seek the services of an attorney to get assistance with exact timelines.

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