Workplace discrimination is not limited simply to limiting the employment opportunities or treating a worker unfairly due to racial or ethnic prejudice. Those with a partial disability or perceived disability are also subject discrimination at work or when applying for work that can be just as damaging personally and professionally. The U.S. Equal Employment Opportunity Commission also extends protection to disabled workers under the Americans With Disabilities Act (ADA), and/or the Rehabilitation Act.
The EEOC defines disability discrimination as any act or decision on the part of an employer or other entity covered by ADA protection treats a qualified applicant or employee with a disability unfavorably because he or she has a documented disability. Unlawful discrimination also applies when an ADA covered employer or other entity treats an applicant or employee less favorably due to a history of disability (e.g. a cancer survivor in remission), or because an applicant/employee is thought to have a physical/mental impairment that is not transitory (lasting less than six months) and minor (applicant/employee does not suffer any impairment).
According to the ADA and Rehabilitation Act, employers are required to make reasonable accommodations to an employee/applicant with a disability, unless provision of these accommodations would cause “undue hardship” (significant difficulty or expense on the part of the employer). The law also extends protection under ADA to persons who experience discrimination because of a relationship to a disabled person (even if they themselves are not disabled). An example of this type of illegal discrimination would be refusing to hire an applicant whose spouse suffers from a disability, or firing and employee due to their.needing additional time to care for their disabled spouse or child. In employment practices including hiring,layoffs, firing, pay, fringe benefits, promotions, job assignments, training, and any other employment terms or conditions, the law very clearly forbids discrimination in any form.
If you are a New York resident who believes that they have a disability discrimination case against their employer, you need to contact New York Disability Attorney Daniel Berger today.. Let us review your case and make a recommendation about litigation and how to best proceed to remedying the circumstances of your workplace disability discrimination. You may be entitled to compensation and damages as a result of your employer or other entity’s actions if it is found that they have violated the law. Don’t wait, call today and make an appointment for a consultation. Let us help you fight for what you deserve.