In New York, it is unlawful for an employer to discriminate against workers based on protected characteristics. Protected characteristics include race, gender, sexual orientation, disability and several others.
Sadly, there are occasions when workplace practices breach these laws. Disability discrimination can be very traumatic for those on the receiving end. What does disability discrimination look like in the workplace?
1. The denial of opportunities
Your work performance has been extremely high and you’ve been selected as a promotion candidate as a result. However, upon finding out about your disability, your employer has withdrawn you from consideration. This is an example of disability discrimination based on the denial of opportunities.
It’s important to remember that you do not have to be employed to face discrimination of this kind. As a job applicant, you also have protections under the law. You cannot be withdrawn from the application process solely based on your disability.
2. Disability-based harassment
The majority of your colleagues likely respect equality. Nonetheless, it only takes a small minority to make someone feel abused and harassed. It might only be one person engaging in discriminatory behavior. If you have faced abuse based on your disability then this is a serious form of discrimination.
3. Retaliation based on disability
You have legal protections under both state and federal law. You are also entitled to assert these rights. Discrimination can occur if you have faced retaliation for trying to assert your legal rights. For instance, if you have asked your employer to make reasonable accommodations and have been fired as a result, that’s discrimination and retaliation.
If you have faced situations like those already discussed, it may benefit you to seek legal guidance.