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What is disability discrimination?

| Jul 9, 2021 | Employment Law |

Having a job is a fundamental component of being financially secure for most New Yorkers. Though some may have independent wealth that allows them to live without employment, most individuals must work for pay to meet their needs.  Unfortunately, some employers block entry to jobs and create problems for workers when they perceive those individuals to be different or incapable of performing their employment tasks.

Disability discrimination is a problem for many workers, and this post will introduce readers to this important topic. No legal advice is presented herein. When disability discrimination happens at work, employment law lawyers can counsel their clients on how best to protect their rights.

What constitutes disability discrimination?

Disabled workers are protected by the federal Americans with Disabilities Act. This law prohibits employers from discriminating against workers in many different employment capacities, such as hiring, promoting, paying, and firing workers. For example, an employer cannot choose not to promote a qualified worker only because they are disabled. This would violate the ADA.

What can be done about disability discrimination?

Unfortunately, disability discrimination often goes unchecked because workers either choose not to fight their claims or it happens undetected in workplaces. However, when a disabled worker is affected by discrimination at work and their employer is covered by the ADA or another applicable federal or state anti-discrimination law, the worker may be entitled to litigate their claims. Remedies for discrimination cases can include back pay, reinstatement, and other forms of damages.

Discrimination based on disability is wrongful and in violation of the law. Workers who suffer this demeaning form of treatment do not have to suffer alone and attempt to deal with the discrimination they face without support. Employment law attorneys can provide invaluable services to men and women who struggle to keep discrimination out of their careers and who want to be treated fairly when on the job.