Taking Adverse or Negative Actions

An employer cannot take adverse actions against qualifying employees due to their existing or assumed disability. To put things into perspective, an employer cannot:

• change your schedule or reduce your hours due to your disability;
• fire or demote you from your position for disability-related reasons;
• refuse to place you in roles requiring direct interaction with clients;
• refuse to promote you and choose to promote your colleagues instead if you qualify for the promotion; or
• decrease your salary or benefits due to your disability.

Employee Harassment Due to Disability Status

Your employer cannot harass you due to your disability status. For instance, they cannot create a toxic or hostile work environment for you, making it almost impossible for you to accomplish your designated tasks.

One of the greatest challenges with employee harassment cases is that most of them often seem normal in many workplaces. As a result, some workplaces tend to tolerate such incidents, causing the victims a lot of pain and suffering. In addition, some employees refuse to speak up about such issues because they fear losing their jobs or other forms of retaliatory actions by their employers. Others simply do not realize that they are being discriminated against.

Here are some common signs of discrimination in the workplace based on disability:

• Verbal harassment, such as jokes or comments about your disability or intrusive questions about your disability
• Refusal to provide reasonable accommodations for your disability, making it almost impossible for you to execute your tasks
• Assigning you tasks that aggravate your disability
• Treating you differently based on your disability

Legal Definitions

In employment law, disability discrimination refers to a situation where an employer or potential employer discriminates against an employee or potential employee due to the latter’s disabilities. However, it is also worth noting that disability discrimination is not only limited to individuals with a disability. For example, if an employer or potential employer discriminates against you due to your association with a disabled person or perceived disability, this could be a case of disability discrimination.

How to Prove Disability Discrimination

If you suspect that you have a disability discrimination case against an employer, it is always advisable to speak with experienced disability discrimination lawyers. This is because disability laws are complex. An experienced disability attorney NYC will evaluate your case and determine the best way forward.

Claims Process Explained

You can file a disability discrimination complaint against your employer via the New York State Division of Human Rights website. However, this process is not so straightforward. For instance, you’ll need to have the complaint signed by a notary public, among other requirements. For best results, consider talking to an experienced disability discrimination attorney. The lawyer will review your case and walk you through the steps you need to pursue a claim.