challenges in addressing disability discrimination
People with disabilities face discrimination in many different situations and places. This includes the workplace, housing and public spaces. It can include direct discrimination, indirect discrimination and harassment. Direct discrimination happens when someone treats you less favourably than another person in a similar situation because of your disability. For example, if an employer refuses to hire you because of your multiple sclerosis, this is direct discrimination.
It can also be indirect disability discrimination when an employer fails to make reasonable accommodations for your disability, and this impacts your ability to do the job. For example, if you need an enlarged computer screen or a wheelchair ramp to get into your office, this is a reasonable accommodation under the Americans with Disabilities Act and New York State law. However, employers are not required to make these changes if it would cause substantial difficulty or expense for their business. This is called undue hardship.
Discrimination can also be based on the way you look or what your disability is. For example, some people use words like crippled or retarded when talking about disabled people and this can be considered discrimination. It is illegal to discriminate against a disabled person for this reason.
What are the challenges in addressing disability discrimination?
Another form of discrimination occurs when a person believes that your disability is temporary, but it has actually been long term. For example, if you have rheumatoid arthritis, this is classed as a long term disability under the Equality Act because it has had substantial adverse effects over 12 months and probably will continue to do so.
Many people with disabilities are part of other marginalised groups and this can have a compounding impact on their experiences. This is especially true if they are disabled and are also from a minority group, such as people of color or the LGBTQI+ community. This is often known as intersectional ableism and it can be difficult to address.
There is a lot of work to be done to address disability claim lawyer. We must change the attitudes that lead to these prejudices and the laws and policies that protect us. We must also address the barriers that keep disabled people from fully participating in society. There is a great deal of change happening, from wheelchair-accessible beach mats to low sensory quiet hours at the grocery store, but there is always more to be done.
If you believe that you have been subjected to any form of disability discrimination, contact a disability claim lawyer. Under federal and New York State law, you have 180 days to file a discrimination complaint with the Equal Employment Opportunity Commission (EEOC) or the Department of Fair Housing and Public Accommodations (DFHAC). This time period can be extended. In addition, if the illegal conduct was ongoing, you can still pursue your disability discrimination lawsuit even after this time has passed. Our New York disability lawyers can help you understand what your rights are and how to best proceed. Call our offices today to schedule a free case review.