Increase in Workplace Disability Discrimination Claims
Federal officials say disability-based job discrimination claims have increased across the nation, according to a Disability Scoop article. The Disability Scoop reports that the U.S. Equal Employment Opportunity Commission (EEOC) noted a 6 percent rise in disability-based discrimination charges – that amounts to almost 27,000 complaints in 2015.
Disability-based discrimination charges accounted for two thirds of the total workplace discrimination complaints received by the EEOC in 2015. This increase comes after 20 years of decreasing claims, according to the agency. If you or someone you know believes he or she is being discriminated against in New York due to a disability, contact a compassionate yet aggressive Queens employee discrimination attorney right away.
Know Your Rights
Title VII of the Civil Rights Act of 1964 specifically prohibits discrimination of employees based on race, color, religion, sex (to include pregnancy and gender identity), national origin, age, disability, sexual orientation, genetic information or parental status. There are other federal laws that prohibit this type of workplace discrimination.
One such federal law is the Americans with Disabilities Act (ADA). This law forbids discrimination of individuals with disabilities across several areas including employment, governmental activities, public accommodation, transportation, and communications. The ADA also spells out requirements for appropriate telecommunications relay services.
The ADA is enforced by four federal agencies. They include:
- The Department of Justice (DOJ): tasked with enforcing the laws covering state and local government services in addition to public accommodations;
- The Equal Employment Opportunity Commission (EEOC): this agency is responsible for enforcing regulations that are specific to employment matters;
- The Federal Communications Commission (FCC): makes sure requirements relating to telecommunications services are following; and
- The Department of Transportation (DOT): responsible for enforcing regulations regarding transit.
Additionally, the Department of Labor’s (DOL) Office of Disability Employment Policy issues publications relating to the minimum requirements under the ADA, and provides technical assistance to those who are in need. Moreover, architectural guidelines ensuring accessibility for the disabled to facilities, buildings and transit vehicles are issued by the Architectural & Transportation Barriers Compliance Board.
Under the ADA, an employer covered by the act must provide reasonable accommodations to employees and qualified applicants, if the accommodations do not cause an undue hardship on the employer. An undue hardship can be defined as a significant difficulty or expense.
Do Not Be A Victim of Discrimination
An employer is forbidden from treating a qualified employee or potential job candidate with a disability unfavorably. The law also prohibits an employer from treating someone with a relationship with a disabled person unfavorably. If you or someone you know has been discriminated against in the workplace based on a disability, or any other legally protected status, contact a skilled discrimination attorney in New York right away to learn about your rights under federal and state laws. For an initial, free consultation, call (347) 464-8694 toll free today.