Learn Your Disability Rights and How to File a Disability Discrimination Lawsuit

November 24, 2020

Have you faced disability discrimination in the workplace or been wrongfully terminated from your job due to your disability? Individuals with a disability need to know the federal and state government laws to protect themselves against disability discrimination in the workplace. The Americans with Disabilities Act (ADA) and Rehabilitation Act prohibit employers from discriminating against employees or applicants with disabilities in the workplace. So if your rights have been violated, you should consider consulting with a disability lawyer at Cohen & Fitch LLP for legal guidance.

When to file a disability discrimination lawsuit?

A qualified disabled worker can file a disability discrimination lawsuit. You have the right to take legal action when you face discrimination due to your disability by an employer or organization, covered under the Americans with Disabilities Act or the Rehabilitation Act.

A qualified disabled worker can file a legal complaint about the following types of disability discrimination:

  • An employer directly discriminates in hiring a disabled person based on their disability even though they are well qualified for the job. It is considered direct discrimination.
  • An employer intentionally employs a policy that puts the disabled person at a disadvantage compared to those who don’t have any disabilities. It can be considered as indirect discrimination.
  • An employer is responsible for making reasonable adjustments when they are aware of the employee’s impairment. It is known as ‘failure to make a reasonable adjustment,’ and legal action can be taken against the employer.
  • An employer does not consider you for a promotion or a higher position based on your disability.

There are many different types of disability discrimination that may entitle you to file a legal complaint and receive compensation. The disability discrimination attorneys at Cohen & Fitch LLP will help you explore all your legal options and get justice.

How to file a disability discrimination complaint?

When you face disability discrimination in the workplace, the best course of action is to apply an internal complaint with the company. When the company receives your written complaint, it gives them a chance to correct their mistake. A copy of the internal complaint is usually required before you can proceed to file a lawsuit. So, in case the employer fails to correct their mistake or does not take appropriate measures to prevent such discrimination in the workplace, in that case, the discrimination Lawyers at Cohen & Fitch LLP will be ready to assist you. Our disability discrimination attorneys will guide you throughout the process until you get justice.

At Cohen & Fitch LLP, our attorneys have a proven track record of success and years of experience standing up against unfair employers and institutions. If you need a disability discrimination lawyer in NY, get in touch with one of our attorneys today and let us help you.