Disability discrimination in workplaces is recently rising in many cities in the New York state with many companies avoiding to hire disabled people due to wrong perceptions of low productivity in the workplace. These perceptions of not treating the disabled persons equally constitutes to disability discrimination based on the equality act. It is important that these workers find employment law attorneys to help protect their rights from discrimination and harassment in the workplace, as example on https://mosheslaw.com.
What is disability discrimination?
Disability discrimination is the act of being put at a disadvantaged condition for reasons relating to physical or mental disability. The act of discrimination is regarded unlawful regardless of whether it was not intentional. According to the New York Equality Act 2010, no one should be discriminated on the basis of any type of disability. In this case disability is regarded as any physical or mental condition that may hinders one’s ability to perform regular duties in the workplace. There are quite a number of disability discrimination including direct, indirect, victimization and harassment discrimination among other types. In any case if you are discriminated from the workplace on the basis of disability, then you should protect your rights as a disabled worker. Follow through this guide to get some ideas on how to handle disability discrimination in the workplace.
- Assert your rights
In order to handle a disability complain, you must identify it first. You need to know your rights against disability discrimination. Some employers may not even understand how your disability affects you and therefore being confident about your rights even in the workplace may change your employer’s perception and probably give you a promotion. They should understand your strengths and that you can effectively complete your assignments.
- File an internal complaint
It is important that you file a complaint in the company about the discrimination. Filing a complaint is an ideal way to inform your employer how such treatments affects you and therefore giving them an opportunity to correct the problem. It is also an easy way to resolve the problem without hiring an employment attorney which may be an expensive process. This is also an important step to legally notify the employer about such treatments and in case they do not handle your complains you can pursue a law action against your employer. Punitive damages will legally be applied to your employer for failure to ignore disability discrimination complaint.
- File a charge of discrimination
If your complaint is not handled effectively in the workplace, then you should file a discrimination complaint with the federal equal employment opportunity commission to protect your rights. There are usually time limits upon which you should file your discrimination case and therefore it is important that you act fast if you are not satisfied with your employer’s decision on your discrimination complaint. At this stage, you should seek an employment discrimination attorney to help you file the case and process the investigation on your behalf. It may be difficult handling the case on your own and therefore getting a law attorney is highly recommended to ensure that your rights are fully protected. After filing the charge, the agency will give o a letter to sue which gives you the right to proceed to court to complain about the discrimination.
4.Filing a law suit
Once you have the letter to sue at hand, you can move to the court and file the case against your employer. The time limit in this stage is very short and therefore you need to get your attorney working fast on the case. To file the case in the court, you should ensure that you meet the procedural requirements. Your lawyer can help you evaluate the type of disability discrimination you may have experienced and if it fits the requirement to sue in the court. Your attorney will also gather enough evidence regarding the discrimination including finding witnesses to such treatments to ensure that you win the case and that you are compensated for damages experienced.
Disability discrimination is recently a major concern in the New York City and it is therefore important that you are aware of your rights and ensure that they are protected as well. Use this guide to know how to avoid disability discrimination in the workplace and how you can report discrimination treatment in the court.