If you are being discriminated against by your current or former employer for a documented disability, you may be able to bring a case against them. However, in order to win your disability discrimination case, there are a few things that you must be able to prove. At Green Savits, LLC, our employment attorneys can help you get the evidence you need.
1. You Must Have a Documented Disability
When putting together a disability discrimination case, you must first prove that you have a disability. This can be done in three ways. First, you can show that you have a physical impairment that makes major life activities difficult. Second, you can produce a record of impairment, such as a medical record. Finally, you can show that others regard you as having the disability.
2. You Have to Show That You Are Qualified for Your Position
Under the Americans with Disabilities Act, all employers are required to provide reasonable accommodations for an employee with a disability as long as it does not impose undue hardship on day-to-day business operations. After proving that you have a disability, you must show that you are qualified for your job position, whether you have accommodations or not.
3. You Must Have Proof of Adverse Employment Action Due to Your Disability
This is one of the most important parts of your disability discrimination case. In all cases, you must be able to prove that your employer took adverse actions against you because of your disability. This can include being fired, demoted, or subjected to a hostile work environment. In addition, disability discrimination can take place if you aren’t selected for a job during the application process or are passed up for a promotion.
Are You a Victim of Discrimination? Green Savits, LLC Can Help
If you have been discriminated against by a past, current, or potential employer due to your disability, call Green Savits, LLC today at 973-695-7777 to set up a consultation. Our experienced employment lawyers will fight for your right to reasonable accommodations. We are proud to serve clients living throughout Northern and Central New Jersey from our office in Florham Park.