Prove Disability Discrimination
It may seem difficult to know how to prove disability discrimination. However, there are some steps you must take to prove that the employer did not accommodate your disability. In order to prove that you were discriminated against based on your disability, you must gather evidence to support your claim. Here are some tips for proving disability discrimination:
First, it is important to get your disability documentation together. Your attorney can help you gather this documentation and gather evidence in support of your case. It is important to gather as much information as possible to build a strong prima facie case. Make sure to document all of the essential elements of your case, and include additional evidence that proves that you were discriminated against based on disability. Additionally, if you feel your employer has violated company policy, you can bring up this issue internally with Human Resources.
Often, clients find the concept of perceived disability discrimination confusing. Your New York disability discrimination attorney will explain your rights under the ADA and how to gather evidence to support your claim. Some people may think that a “smoking gun” of evidence is necessary to win the case. Direct evidence, for example, could consist of an e-mail that contains derogatory remarks about the disabled employee or a letter explaining why the employee was terminated. Such evidence is rare, but it is highly conclusive.
In order to prove disability discrimination, the employer must have a reasonable reason for treating you less favorably. For example, it would not be acceptable for you to get a job in a carpet-fitting company if you had severe back pain. You are unable to perform the essential duties required for the job. Other factors include the size of the business, your skill level, and the length of your employment. If the disability is due to a health issue, you may be able to make a case against your employer.
How to Prove Disability Discrimination
If you’ve suffered from a disability for years, it is advisable to contact a qualified employment attorney immediately. Your disability should be recognized as a protected characteristic under the Fair Employment and Housing Act (FEHA). It is illegal to discriminate against a disabled individual based on a disability. In addition to seeking compensation, you can also seek workers’ compensation. You can also file a lawsuit based on the law stating that you were discriminated against because of your disability.
Discrimination against disabled employees is a common problem in the workplace. However, many people don’t realize that this type of discrimination exists. New York’s strong disability discrimination laws protect both employees and employers. By hiring an employment discrimination attorney, you can make your case stronger. It’s also important to remember that you cannot be retaliated against if you file a lawsuit based on disability.
In addition to filing a lawsuit against a company, you can file a complaint with the EEOC, a federal agency. Your state may also have anti-discrimination agencies. You must file a complaint with the EEOC first. The deadline is 180 days. If the EEOC rejects your complaint, you have the right to proceed to court. You must also request a right-to-sue notice before you file a lawsuit.