Personal Injury

What you need to know about Disability Discrimination in NYC

A disabled person deserves to have all the same rights and liberties that nondisabled people have. On some occasions these liberties may need to be amplified in order for the disabled persons to have equal opportunity due to their condition that puts them at a disadvantage. Many job applications have a section that is reserved for a person to identify whether or not they have a disability. This section is generally used by the employer to determine whether or not the candidate can perform the functions of the job with reasonable accommodations. This section was put into place so that the employer knows what assistance will be needed to be given to the disabled persons if selected for the position. Unfortunately, sometimes employers intentionally fail to meet the needs of the disabled person and purposely put them at an even greater disadvantage in the workplace. The Equality Act 2010 as well as the Americans With Disabilities Act were put into place in order to protect those with a disability from being discriminated against. It states that any discrimination that is intentional or unintentional is still against the law. It also protects disabled persons from being treated unfairly or with less respect that their coworkers. Unfortunately, many disabled workers do not know that they are being discriminated against. The goal of this article is to help identify the different types of discrimination against disabled persons in the workplace so that a person will know when to take action and where to go for help. But you can read more about it on website https://mosheslaw.com.

First let’s identify what exactly is discrimination in the workplace. Discrimination in the workplace happens when a disabled person is treated unfairly either due to their disability, their history of disability or their association with a person with a disability. This discrimination towards the person can also occur in many different forms. Direct disability discrimination is when a disabled person experiences unfair treatment in contrast of non disabled coworkers in the same scenario. All workers regardless of disability have the same rights, liberties, wages, vacation time, and benefits. If the employers is not treating employees who all work in the same environment equally then this is classified as direct discrimination. In order for action to be taken against the employer the disabled person must provide proof in court that the discrimination is taking place. The disabled person will have to prove that they in fact have a disability, have been treated unfairly compared to coworkers and that the mistreatment was a result of the disability. An example of direct discrimination is if a coworker were to violate a rule and only receive a warning while when a disabled person violates that same rule they receive further disciplinary action.

Indirect disability discrimination is the most common type seen in the workplace. This is because most people do not know how to identify it. This occurs when the rules and policies that apply to others at a workplace put disabled workers at a disadvantage. An example of indirect discrimination is a job posting stating that a driver’s license is required which would instantaneously hinders a disabled person from being able to get the job. If the employer can prove that a driver’s license is necessary to perform the job then the employer will not be at fault. Indirect discrimination may be subdued or unintentional but it is still wrong and unlawful. While it may be difficult at times to determine what is indirect discrimination, if a person is experiencing the faintest notion that it is occurring, they should make their concerns known and contact a legal representative.

Discrimination due to disability history is another form of discrimination that takes place. If a person’s disability no longer exists that does not mean that the person can not still be discriminated against. A person can still be discriminated against due to a disability they had in the past. An example of this is if a person were to survive a chronic illness or health condition such as cancer. A person may be cancer free and healthy in the present and have returned back into the workforce. However, a person’s employer might refuse to give the person the promotions that they are deserving of due to the fear of the person relapsing. Even if your disability no longer exists you are still protected by the Americans With Disabilities Act.

Another way in which discrimination occurs is when employers fail to make the necessary accommodations that are required for the disabled person to perform their job. An employer discriminates when they fail to accommodate the needs of the disabled person. An example is failing to provide special seating for those with spinal cord injuries, or special keyboards for the sight impaired, not providing a handicap parking spot and not adjusting goals. A disabled person should not be expected to perform a job or a task if the accommodations needed to make completing the task possible are not met.

Disabled workers may already feel lesser than their fellow coworkers and employers so much so that when they experience further discrimination or disrespect they may not even recognize it since this is the way they are used to being treated. Even if a person allowed themselves to be treated unequally in the past that doesn’t mean they should allow the mistreatment to continue in the present. It is still wrong and unlawful to treat someone unfairly because of their disability. There are laws put in place to protect you from this kind of treatment from coworkers and employers. If you feel as though yourself or a loved one is being treated unfairly in the workplace you can contact a New York employment lawyer to further investigate your case. Many disabled persons also experience discrimination that is totally unique to their disability that is why if you suspect any kind of unfair treatment or discrimination it is wise to consult a lawyer so that your unique case can be discussed. Just because the type of discrimination you are experiencing is not listed in this article does not mean you are not experiencing it in the workplace. If you feel you are being discriminated against in any way contact an NYC employment lawyer immediately.

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