workplace harassment lawyer help with harassment due to disability
Whether your disability is temporary or permanent, it shouldn’t have to prevent you from performing your job to the best of your abilities. Thankfully, the United States has various state and federal laws that aim to level the playing field in the workplace. Unfortunately, some unscrupulous employers may choose to circumvent these laws and harass workers with disabilities. If you have been subjected to this type of discriminatory treatment, a New York disability harassment lawyer may be able to help.
Disability harassment is a form of employment discrimination that occurs when someone targets an employee because of their physical or mental disability. It can occur from the employer, a co-worker, or even a customer or client. Harassment can include derogatory remarks, teasing, inappropriate touching or pinning, and offensive images. It can also include unwanted and hostile conduct, including threats, intimidation, or exclusion from the workplace or social events. It is illegal under both state and federal law for any person to engage in harassing behavior because of a disability.
An employer can be liable for disability workplace harassment lawyer when it fails to reasonably accommodate a worker’s limitations due to their condition. For example, if an employer knows that an employee has difficulty walking or climbing stairs, they should provide alternative routes to their workplace or offer to provide a lift or other adaptive device. Likewise, an employer who knows that an employee cannot work as quickly or accurately on a computer should make arrangements to allow that individual to use assistive software programs or other adjustments to reduce their workload.
Can a workplace harassment lawyer help with harassment due to disability?
Employers can also be liable for disability workplace harassment toronto when they fail to address a complaint made by an employee or applicant. This applies to employees who file a complaint with the EEOC or with any other city, state, or local agency, or when they participate in any employment discrimination proceeding, such as an investigation or lawsuit. Regardless of whether the claim is filed with the EEOC, in court, or through the employer, a New York disability harassment attorney can protect your rights.
While it is illegal for an employer to discriminate against a worker with a disability, the same applies to co-workers. Under state and federal law, an individual can be a victim of harassment based on a protected class (such as national origin, religion, age, gender identity, sexual orientation, or disability) when it is so severe and persistent that it creates a hostile or offensive work environment. The harasser can be the victim’s supervisor, a supervisor in another area, a co-worker, or a third party who is not an employee of the employer (such as a customer or client).
While the standards for what constitutes unlawful harassment differ, both New York state and federal law require that any incident rise above petty slights or minor annoyances. This makes it easier to bring a case under these laws than in many other areas of the country. However, proving the harassment was severe and persistent requires a substantial amount of evidence. This evidence can include medical records showing your disability and how it affects your ability to function at work, emails and correspondence containing discriminatory comments or actions, witness statements, and performance review documents.
