Brought to you by Filippatos Employment Law, Litigation & ADR
What Are the Signs of Disability Discrimination?
Employees with disabilities have the right to work in an environment free from discrimination. The Americans with Disabilities Act (ADA) prohibits employers from treating qualified applicants and employees unfairly because of a physical or mental disability. In addition, the law requires covered employers to provide reasonable accommodations that enable qualified individuals to perform the essential functions of their jobs unless doing so would create an undue hardship.
Despite these legal protections, disabilities discrimination remains a common issue in workplaces across the country. In some cases discrimination is obvious, such as when an employer refuses to hire someone because of a disability. More often, however, it appears through subtle changes in treatment, denied opportunities, or a failure to accommodate an employee’s needs. Understanding the warning signs can help you recognize when your rights may have been violated.
Refusal to Provide a Reasonable Accommodation
One of the most common signs of disability discrimination is an employer’s refusal to provide a reasonable accommodation. Accommodations are intended to help qualified employees perform their jobs and may include modified work schedules, specialized equipment, remote work arrangements, or adjustments to workplace policies. When an employee requests an accommodation, employers are generally expected to engage in an interactive process to determine whether a reasonable solution exists.
An employer who ignores an accommodation request, refuses to discuss available options, or denies a reasonable accommodation without demonstrating undue hardship may be in violation of the ADA.
Unequal Treatment Because of a Disability
Disability discrimination often becomes apparent when an employee is treated differently than coworkers after disclosing a disability or requesting an accommodation. An employee who previously received positive performance evaluations may suddenly face unwarranted criticism, disciplinary action, reduced responsibilities, or exclusion from important projects. In some cases, employees are passed over for promotions, demoted, or terminated despite meeting performance expectations.
Employers cannot make employment decisions based on an employee’s disability when that individual is qualified to perform the essential functions of the position, with or without a reasonable accommodation.
Workplace Harassment
Not all disability discrimination involves hiring or firing decisions. Workplace harassment based on a disability may also violate federal discrimination laws. Harassment can include offensive remarks, mocking an employee’s medical condition or assistive devices, repeated teasing, intimidation, or other conduct that creates a hostile work environment. Even comments that are dismissed as jokes may become unlawful if they are severe or pervasive enough to interfere with an employee’s ability to perform their job.
Every employee deserves to work in an environment where they are treated with dignity and respect, regardless of disability.
Illegal Medical Inquiries and Retaliation
The ADA limits what employers may ask applicants before extending a job offer. In most situations, employers cannot ask questions regarding an applicants disability status or require medical examinations before making a conditional offer of employment.
Employees are also protected from retaliation for exercising their legal rights. If an employee requests a reasonable accommodation, reports disability discrimination, or participates in an investigation, an employer cannot legally punish them for doing so. Retaliation may include termination, demotion, reduced hours, unfavorable job assignments, or other adverse employment actions taken because the employee asserted their rights.
How Do I Prove Disability Discrimination?
While every case is different, evidence plays a critical role in establishing that discrimination occurred. Documentation such as emails, text messages, performance reviews, accommodation requests, disciplinary records, and witness statements can all help demonstrate how an employer responded after learning of an employee’s disability. Comparing your treatment to that of similarly situated employees without disabilities may also strengthen a claim.
Because disability discrimination cases often involve complex legal standards under the ADA and other discrimination laws, consulting with an experienced attorney as early as possible can help preserve valuable evidence and protect your rights.
What Compensation May Be Available?
Employees who successfully prove disability discrimination may be entitled to various forms of compensation, depending on the circumstances of their case. Available remedies can include back pay, lost benefits, reinstatement to a former position, front pay when reinstatement is not appropriate, and attorney’s fees. In many cases, employees may also recover damages for emotional distress, including compensation for mental anguish, emotional pain, and other non-economic harm caused by unlawful discrimination. In certain situations, involving particularly egregious conduct, punitive damages may also be available.
How Filippatos PLLC Can Help
If you believe you have experienced disability discrimination, you do not have to navigate the legal process alone. At Filippatos PLLC, we are committed to protecting employees whose rights have been violated under the Americans with Disabilities Act, state discrimination laws, and other employment protections. Our attorneys understand the challenges employees face when they are denied reasonable accommodations, subjected to workplace harassment, retaliated against, or treated unfairly because of a disability.
We carefully evaluate each case, gather the evidence needed to build a strong claim, and advocate for the compensation our clients deserve. Whether through negotiation, administrative proceedings, or litigation, our goal is to hold employers accountable while helping clients move forward with confidence. If you believe you have been the victim of disability discrimination, contact Filippatos PLLC to discuss your situation and learn how we can help protect your rights.
Call a New York Employment Law Attorney Now
We at Filippatos PLLC stand in proud solidarity with any and all workers facing discrimination in the workplace, including the LGBTQIA+ community and diverse communities. We believe that all people deserve the right to exist freely, no matter who they love, how they express their gender, practice their religion, or celebrate their heritage. If you are experiencing discrimination at work, please give us a call at 888-9-JOBLAW for a free consultation. We will do our utmost to help secure you the justice you deserve.