Disability discrimination in the workplace is a pervasive issue that affects millions of workers with disabilities across the country. Despite legal protections under federal and state laws, disabled workers are often subject to unequal treatment, harassment, and exclusion in their workplaces. This is where a skilled disability discrimination lawyer can play a crucial role in defending the rights of disabled workers.
A knowledgeable and experienced lawyer can help navigate the complex legal landscape, build a strong case, and represent disabled workers in court or administrative hearings to secure justice and fair treatment in the workplace.
In this blog, we will discuss the key role of a skilled disability discrimination lawyer in defending the rights of disabled workers and offer tips and insights for working with a lawyer to fight against disability discrimination in the workplace.
What Are The Types Of Disability Discrimination? & What Are The Federal And State Laws That Protects Disabled Workers?
Disability discrimination is the unequal treatment of individuals with disabilities in the workplace, which can take various forms, including:
- Refusing to hire or promote an employee with a disability
- Harassing or bullying an employee because of their disability
- Failing to provide reasonable accommodations for an employee's disability
- Paying an employee with a disability less than other similarly situated employees
- Firing or demoting an employee because of their disability
Federal Laws – Federal law provides protections against disability discrimination in the workplace under the Americans with Disabilities Act (ADA) and the Rehabilitation Act. The ADA prohibits discrimination against individuals with disabilities in all aspects of employment, including hiring, promotions, pay, and job assignments. The Rehabilitation Act prohibits disability discrimination in the workplace by employers who receive federal funding.
State Laws – In addition to federal law, both Pennsylvania and New Jersey have their own state laws that provide further protections for disabled workers.
- In Pennsylvania, the Human Relations Act prohibits discrimination based on disability in employment, housing, and public accommodations.
- In New Jersey, the Law Against Discrimination provides similar protections against disability discrimination in employment, housing, and public accommodations.
Under these laws, employers are required to provide reasonable accommodations to disabled employees to enable them to perform their job duties, unless doing so would cause undue hardship to the employer. Examples of reasonable accommodations may include providing assistive technology, modifying work schedules, or adjusting job duties.
If an employee believes they have been subjected to disability discrimination in the workplace, they may file a complaint with the Equal Employment Opportunity Commission (EEOC) or state human rights agency, which can investigate the complaint and take legal action against the employer if necessary.
How A Skilled Disability Discrimination Lawyer Can Help You?
A skilled disability discrimination lawyer can provide invaluable assistance to disabled workers who have experienced discrimination in the workplace. Here are some ways a lawyer can help:
Legal expertise: A skilled lawyer can provide in-depth knowledge and expertise about disability discrimination laws, including federal and state laws, and can explain how these laws apply to a specific case.
Case evaluation: A lawyer can evaluate the facts of the case and determine whether there is a valid claim for disability discrimination. They can also provide an honest assessment of the strengths and weaknesses of the case.
Gathering evidence: A lawyer can help gather evidence to support the discrimination claim, such as witness statements, medical records, and documentation of the employer's actions.
Negotiating with the employer: A lawyer can communicate with the employer or their legal representative to negotiate a settlement, which can often be quicker and less stressful than going to court.
Representation in court: If a settlement cannot be reached, a skilled lawyer can represent the disabled worker in court or administrative hearings, presenting evidence and arguments to support the claim for disability discrimination.
Providing emotional support: Discrimination in the workplace can be emotionally taxing and overwhelming. A skilled lawyer can provide emotional support and guidance throughout the legal process.
A skilled disability discrimination lawyer can provide the knowledge, expertise, and support necessary to navigate the legal system and secure justice for disabled workers who have experienced discrimination in the workplace.
How To Build A Strong Case With Your Lawyer?
Building a strong case with your disability discrimination lawyer is crucial to securing a positive outcome. Here are some tips to help you build a strong case:
Identify potential witnesses: Think about colleagues who may have witnessed the discrimination and may be willing to provide a statement or testify in court.
Keep a journal: In addition to documenting specific incidents of discrimination, keep a journal that describes how the discrimination has impacted you emotionally and professionally.
Preserve evidence: Keep copies of emails, memos, and other documents that relate to the discrimination, as well as any performance evaluations or disciplinary records that may be relevant.
Follow through with treatment: If you are seeking medical treatment for your disability, be sure to follow through with all recommended treatments and document any changes in your condition.
Stay organized: Keep all of your documentation and evidence in a single, organized folder, and make sure your lawyer has a copy of everything.
Be truthful: It is important to be completely truthful with your lawyer, even if you are embarrassed or ashamed about certain aspects of the case.
Be patient: Legal cases can take time to resolve, so it is important to be patient and trust that your lawyer is working in your best interests.
By following these tips and working closely with your lawyer, you can build a strong case and increase your chances of achieving a positive outcome.
What To Expect When Working With A Disability Discrimination Lawyer?
Working with a disability discrimination lawyer can be an important step in defending your rights as a disabled worker. Here's what you can expect when working with a disability discrimination lawyer:
Initial consultation: Your lawyer will likely begin with an initial consultation to learn more about your case, including the specifics of the discrimination you have experienced, any evidence you have gathered, and how the discrimination has impacted your work and well-being.
Legal strategy: Based on the information you provide, your lawyer will develop a legal strategy designed to defend your rights and seek justice for the discrimination you have experienced.
Gathering evidence: Your lawyer will work with you to gather evidence to support your case, such as witness statements, medical records, and other documentation related to the discrimination.
Negotiations: If appropriate, your lawyer may engage in negotiations with your employer or their legal team in an effort to resolve the case outside of court.
Litigation: If negotiations fail, your lawyer may file a lawsuit on your behalf and represent you in court.
Communication: Throughout the process, your lawyer will keep you informed about the progress of your case and answer any questions you may have.
Outcome: If successful, you may be entitled to compensation for any damages resulting from the discrimination, including lost wages, emotional distress, and other damages.
Working with a disability discrimination lawyer can be a complex and sometimes lengthy process, but with the right legal representation, you can defend your rights and seek justice for the discrimination you have experienced.
