Disability discrimination in the workplace is prohibited by both federal and state laws, including the Americans with Disabilities Act (ADA) and the New Jersey Law Against Discrimination (LAD). Despite these protections, many individuals with disabilities still face discrimination in hiring, promotions, job assignments, and terminations. If you believe you have been discriminated against because of a disability, it’s important to consult with an experienced employment lawyer who can help you understand your rights, file a claim, and seek justice for the harm caused by such discrimination.
What is Disability Discrimination in the Workplace?
Disability discrimination occurs when an employer treats an employee or job applicant unfairly because of their disability. Under the ADA and LAD, employers are required to provide reasonable accommodations for employees with disabilities and cannot discriminate against them in any aspect of employment, including hiring, firing, job assignments, promotions, pay, and other terms of employment.
Disability discrimination can take many forms, including:
- Unequal Treatment: Treating employees with disabilities less favorably than those without disabilities, even if they have the same qualifications and perform the same job duties.
- Failure to Provide Reasonable Accommodations: Not providing necessary accommodations to allow an employee with a disability to perform their job effectively.
- Harassment: Subjecting an employee with a disability to derogatory comments, jokes, or offensive behavior related to their condition.
- Job Segregation: Assigning employees with disabilities to separate or lower-paying positions, even when they are capable of performing higher-level work.
- Failure to Hire or Promote: Not hiring or promoting an employee because of their disability, even if they are qualified for the position.
Employees with disabilities have the right to be treated fairly and equally in the workplace. If you believe you have been the victim of disability discrimination, an employment lawyer can help you assert your rights and pursue a claim for compensation.
Why You Need an Employment Lawyer for Disability Discrimination Claims
Disability discrimination claims can be complicated, and many employees are unaware of the legal protections they have under the ADA and state laws. An employment lawyer can guide you through the legal process, help you gather the necessary evidence, and advocate for your rights. Here’s how an employment lawyer can help:
1. Evaluating Your Claim
The first step in a disability discrimination claim is evaluating whether you have a valid case. An employment lawyer will review the details of your situation, including the nature of your disability, the actions taken by your employer, and any evidence of discriminatory behavior. They will help you determine whether your claim meets the legal criteria for disability discrimination and advise you on your next steps.
2. Providing Guidance on Reasonable Accommodations
Under the ADA, employers are required to provide reasonable accommodations to employees with disabilities unless doing so would impose an undue hardship on the business. Your lawyer can help you understand your rights to accommodations and work with you to ensure that your employer fulfills their obligations. If your employer refuses to provide reasonable accommodations, your lawyer can help you pursue legal action.
3. Gathering Evidence
To prove disability discrimination, you need strong evidence that shows the employer’s actions were discriminatory. Your lawyer will assist you in gathering key evidence, including:
- Medical Records: Documentation of your disability and the accommodations you need to perform your job duties.
- Performance Reviews: Records showing that your job performance was adequate or exemplary despite your disability.
- Communication Records: Emails, letters, or memos that demonstrate discriminatory comments, decisions, or actions by your employer.
- Witness Testimonies: Statements from coworkers who have witnessed discriminatory behavior or can provide relevant information about your situation.
Collecting and organizing this evidence is essential to building a strong discrimination case. Your lawyer will help ensure that all relevant documentation is gathered and presented effectively.
4. Filing a Complaint or Lawsuit
If you have been subjected to disability discrimination, your lawyer can help you file a formal complaint with the Equal Employment Opportunity Commission (EEOC) or the New Jersey Division on Civil Rights (DCR). These agencies investigate discrimination claims and may assist in resolving the issue through mediation or legal action. Your lawyer will guide you through the process of filing the complaint and ensure that all necessary documents are submitted properly and within the required timeframes.
5. Negotiating a Settlement
Many disability discrimination claims can be resolved through settlement negotiations. Your lawyer will work with the employer’s legal team to negotiate a fair settlement that compensates you for lost wages, emotional distress, and any other damages caused by the discrimination. Employment lawyers are skilled negotiators who will advocate for your best interests and ensure that the settlement terms are favorable.
6. Representing You in Court
If a settlement cannot be reached, your lawyer will represent you in court. Disability discrimination cases often involve complex legal arguments, and your lawyer will present your case effectively, making legal arguments, presenting evidence, and questioning witnesses to show that the employer’s actions were discriminatory. They will work to ensure that you receive the justice and compensation you deserve.
Why Disability Discrimination Claims Are Challenging
Proving disability discrimination can be difficult because employers often claim that their actions were based on legitimate business reasons, such as performance issues or job qualifications. Additionally, some employers may attempt to downplay the need for accommodations or argue that providing accommodations would cause undue hardship. An experienced employment lawyer will help you navigate these challenges and gather the necessary evidence to support your claim.
What You Should Do If You Are Facing Disability Discrimination
If you believe you are being discriminated against due to your disability, here are some important steps to take:
- Document the Discrimination: Keep detailed records of all instances of discriminatory behavior, including dates, times, and descriptions of what occurred.
- Request Reasonable Accommodations: If you need accommodations to perform your job, make a formal request to your employer in writing.
- Consult an Employment Lawyer: An employment lawyer can help you assess your situation, explain your rights, and guide you through the legal process of pursuing a disability discrimination claim.
- File a Complaint: If necessary, your lawyer can help you file a formal complaint with the EEOC or DCR to initiate the process of seeking justice for disability discrimination.
Taking prompt action is important, as there are time limits for filing disability discrimination claims. The sooner you consult with an attorney, the better your chances of success in seeking justice.
Why Choose Castronovo & McKinney?
Castronovo & McKinney, LLC is a leading employment law firm in New Jersey with extensive experience handling disability discrimination claims. Our attorneys are dedicated to helping employees who have been discriminated against due to their disability, and we will work tirelessly to ensure that you are treated fairly under the law.
We understand the emotional and financial toll that disability discrimination can take, and we are committed to providing aggressive legal representation to protect your rights. Whether through negotiation, settlement, or litigation, we will fight for your rights and ensure that you receive the compensation and accommodations you deserve.
Take Action to Protect Your Rights
If you have been the victim of disability discrimination, it is crucial to take immediate action. The sooner you consult with an experienced employment lawyer, the better your chances of achieving a favorable outcome. Contact Castronovo & McKinney, Employment Law Attorneys today to discuss your case and learn more about how we can help you fight for your rights and seek justice for disability discrimination.