Disability discrimination in the workplace is prohibited under the Americans with Disabilities Act (ADA), and employees who are discriminated against due to their disability have the legal right to seek justice. Unfortunately, many individuals with disabilities face bias in hiring, promotions, job assignments, and workplace accommodations. If you believe you’ve been discriminated against due to your disability, an experienced employment lawyer can help you understand your rights and take appropriate legal action.
What is Disability Discrimination?
Disability discrimination occurs when an employer treats an employee or job applicant unfairly due to their disability or perceived disability. This includes discrimination during the hiring process, termination, job assignments, or workplace accommodations. Disability discrimination can take many forms, including:
- Refusing to Hire a Qualified Candidate: Employers cannot refuse to hire a qualified applicant simply because they have a disability, as long as the applicant can perform the essential functions of the job with reasonable accommodation.
- Failure to Provide Reasonable Accommodation: Employers are required by law to provide reasonable accommodations to employees with disabilities, such as modifying work schedules, providing assistive devices, or altering job duties, unless doing so would cause undue hardship to the business.
- Harassment Based on Disability: Harassment or a hostile work environment based on an employee’s disability is illegal under the ADA. This includes offensive comments, jokes, or discriminatory behavior related to the employee’s disability.
- Unequal Pay or Benefits: Employees with disabilities cannot be paid less or receive fewer benefits than other employees who perform the same job, unless justified by legitimate business reasons.
- Wrongful Termination: Employees with disabilities are protected from being fired or laid off because of their disability. Termination based on disability is illegal unless the employee is unable to perform the essential duties of the job, even with reasonable accommodation.
If you have been discriminated against due to your disability, you have the right to file a claim under the ADA and other applicable laws. An employment lawyer can help guide you through the process and ensure that your case is handled effectively.
How Employment Lawyers Can Help in Disability Discrimination Cases
Disability discrimination cases can be complex, and proving that discrimination occurred often requires careful documentation and evidence. Here’s how an employment lawyer can help you:
- Legal Advice and Case Evaluation: An employment lawyer will evaluate the specifics of your case and advise you on whether you have a valid claim for disability discrimination. They will help you understand the strength of your case and the legal options available to you.
- Assisting with Filing a Claim: Your lawyer will help you file a formal complaint with the Equal Employment Opportunity Commission (EEOC) or your state’s human rights commission. They will ensure that your claim is filed within the required timeframes and that all necessary information is provided.
- Gathering Evidence: To build a strong case, your lawyer will help you gather the necessary evidence, such as medical records, emails, witness statements, and any other documentation that supports your claim of disability discrimination.
- Negotiation and Settlement: In many disability discrimination cases, a settlement can be reached before going to trial. Your lawyer will negotiate on your behalf with the employer to reach a fair settlement that compensates you for lost wages, emotional distress, and any other damages.
- Litigation and Legal Representation: If a settlement cannot be reached, your lawyer will represent you in court. They will present your case to a judge or jury, advocate for your rights, and fight to secure the compensation you deserve.
Why You Should Hire an Employment Lawyer for Disability Discrimination Cases
Disability discrimination cases can be difficult to navigate, especially if you are facing retaliation or fear that your employer may try to dismiss your claims. An experienced employment lawyer can make a significant difference in the outcome of your case. Here are a few reasons why you should hire an employment lawyer:
- Expert Legal Knowledge: Employment lawyers are familiar with the ADA and other disability discrimination laws, and they know how to navigate the complexities of these cases. They will help you understand your rights and ensure that your case is handled properly.
- Protection from Retaliation: Employees who report disability discrimination may fear retaliation from their employer, such as being fired or demoted. An employment lawyer will ensure you are protected from retaliation and help you take legal action if necessary.
- Improved Chances of Success: An employment lawyer will know how to build a strong case by gathering evidence, working with experts, and presenting the best legal arguments to support your claim.
- Experience in Disability Discrimination Cases: Employment lawyers with experience in disability discrimination cases have handled similar situations before and can anticipate challenges that may arise during the process. They will know how to address any obstacles effectively.
How Castronovo & McKinney Can Help You
At Castronovo & McKinney, Employment Law Attorneys, we have extensive experience representing employees who have been subjected to disability discrimination. Our attorneys are passionate about protecting the rights of individuals with disabilities and fighting against discrimination in the workplace.
We understand the challenges that employees with disabilities face, both in the workplace and in dealing with legal complexities. Our team will guide you through the legal process, ensure that your rights are protected, and fight for the compensation you deserve.
Why Choose Castronovo & McKinney?
Here are several reasons why employees trust Castronovo & McKinney for their disability discrimination cases:
- Proven Success: We have a strong track record of winning disability discrimination cases and helping clients recover compensation for lost wages, emotional distress, and other damages.
- Experienced Legal Team: Our attorneys have years of experience handling disability discrimination claims and are well-versed in the intricacies of the ADA and other disability-related laws.
- Compassionate Legal Support: We understand the emotional and physical toll that disability discrimination can take. Our team provides compassionate support throughout the legal process, helping you feel heard and respected.
- Aggressive Advocacy: Whether through negotiation or litigation, we are committed to advocating for your rights and ensuring that you are treated fairly under the law.
Contact Castronovo & McKinney Today
If you believe you have been discriminated against due to your disability, don’t wait to take action. Contact Castronovo & McKinney for a free consultation. Our experienced team of employment lawyers will review your case, explain your legal options, and help you take the necessary steps to seek justice and compensation.
For more information or to schedule a consultation, visit Castronovo & McKinney, Employment Law Attorneys or call us at 973-920-7888 (Morristown) or 646-755-3781 (New York).