Workplace Gender Discrimination
Labor & Employment Lawyers
If You Believe You May Be A Victim Of Workplace Disability Discrimination ADA Violations In The Workplace, Our Law Firm Can Help. El-Hag & Associates Represent Employees Who Have Been Discriminated Against in The Workplace Because of Their Disability.
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Workplace Discrimination
If You believe you are the victim of Workplace Disability Discrimination, contact our law firm to learn how to gather evidence and come up with a plan to hold your employer accountable
Disability Discrimination
Speak out if you experience workplace disability discrimination. If you know someone who has experienced workplace disability discrimination, speak out on their behalf and encourage them to seek legal recourse
Discrimination Lawyers
Our Lawyers Could Help You File Complaints With the Appropriate Federal, State,andLocal Agencies and the Courts Should Legal Action Be Required and help to legally protect you from any retaliation by your employer and any ADA Violations
“El-Hag helped me recover $100,000 in unpaid overtime because the time spent traveling was not paid”
DISABILITY DISCRIMINATION IN THE WORKPLACE LAWYER NY
We’ve helped employees just like you recover millions in damages. I can help you too!
Do you think that you might have been a victim of disability discrimination? El-Hag & Associates, P.C can help you. We are Westchester New York employment disability lawyers and labor lawyers. We have recovered hundreds of thousands of dollars for victims of workplace disability discrimination. We have brought disability discrimination lawsuits against small businesses and major multinational corporations and have achieved excellent results for our clients.
If you think you might be a victim of workplace disability discrimination, please call us today for a free consultation. We can quickly assess your case and let you know the options available to you. In most cases, it is very difficult to prove disability discrimination because there is no “smoking gun”, which is why it is best to schedule a consultation with our employment and labor law firm and go through the facts.
WHAT IS WORKPLACE DISABILITY DISCRIMINATION
The Americans with Disabilities Act defines disability discrimination in New York State law. Disability discrimination happens when a qualified individual employee with a disability is treated unfavorably by their employer because of their disability. Disability discrimination is illegal when it comes to the hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment regarding a worker with a disability (perceived or actual).
Disability discrimination also arises when an employer treats an employee or job applicant unfavorably because the person has a psychological disability or mental impairment that is expected to occur for a period of six months or less and minor psychological issues (even if the individual does not have such an impairment. Medical disabilities such as cancer, whether it’s in remission or under treatment and control.
The law also provides that even if the employee themselves does not have a disability, they are still protected from disability discrimination based on their relationship with a person that has a physical or mental disability. For example, it is unlawful to discriminate against an employee because their child or husband has cancer or other disability.
Employers are required to provide reasonable accommodations to job applicants and employees with disabilities except when implementing the accommodation would cause significant difficulty or expense for the employer (“undue hardship”). Disability discrimination is based upon specific factual details defined in the law. If you think that you may have a disability discrimination claim, contact El-Hag & Associates for a free consultation.
Examples Of Gender Discrimination In The Workplace
- Failing to provide reasonable accommodation to an employee who requires the accommodation to perform the essential functions of their job.
- Denial of medical leave for depression or other psychological illness, while employees with physical illness are granted such leave
- Failure to provide accommodating restroom facilities or handrails despite requests and as required by the Averican with Disabilities Act (ADA)
- The individual with the disability receives Unequal pay compared to employees this work performance is at the same level
- The individual with the disability receives Unequal pay compared to employees this work performance is at the same level
- Refusal refusing to consider hiring an employee based upon actual or perceived disability.
- Denying Doctor appointment break times to the disabled individual
- If in the course of a job interview you are asked if you are going to start a family
- Denial of working hours modification request to care for children, while male employees are granted such requests
- Harassment such as intimidating comments, gestures, and jokes harassing or intimidating the employee with the disability
What Is Not Disability Discrimination or Harassment
At El-Hag & Associates, P.C we receive calls every day from people with disabilities who believe that they have been discriminated against because they feel that they lost their job for unfair reasons, or because the workplace is not fair. This is not disability harassment or disability discrimination by itself. To learn if the treatment on your job is due to fairness in the workplace contact the employment and labor law firm of El-Hag & Associates.
It is not harassment when people in the workplace make petty slights, are generally annoying, or make isolated discriminatory or derogatory remarks (unless extremely serious) about your disability. To be unlawful, the conduct must create a work environment that would be intimidating, hostile, or offensive to reasonable people
Disability Discrimination. Disability Discrimination must occur because of your being part of a protected class. For example, an employer can decide that he will fire any person if they come 1 minute late to work, even if it happened only 1 time. But it would be discriminatory if the employer said that he is only going to apply that policy to employees with disabilities.
How Do You Win An Employment Disability Discrimination Lawsuit?
There are several factors that you must prove to win an employment Disability discrimination lawsuit. If you can answer yes to the following questions, you may have been a victim of employment discrimination:
1) Do you work at a company with 4 or more employees?
The New York State Human Rights Law only protects employees who work for an employer with 4 or more employees. Federal Law requires that the employer employ more than 15 employees. So, the first thing to check is if you are protected by the law.
2) Did something bad happen to you at work?
This is known as an “adverse employment action”. You must be able to show that something bad happened to you at work. Examples of adverse employment actions include:
- Being fired
- Being laid off
- Not receiving a raise
- Being demoted
- Being passed over for a promotion
- Being harassed at work
3) Are you a member of a protected class?
To prove employment discrimination, you must show that you are a member of a “protected class”. “Protected class” means that you fall into one of the following categories:
- Age
- Disability
- Equal Pay/Compensation
- Genetic Information
- Harassment
- Equal Pay/Compensation
- Sexual Harassment
- National Origin
- Pregnancy
- Race/Color
- Religion
- Retaliation
- Sex
4) Were you qualified to perform the job at issue?
You must be able to demonstrate that you had the right skill set to perform the job at issue.
- An example of being unqualified- is if you apply for a job as a lawyer, but you don’t have a law degree, you won’t be able to say that you were discriminated against if a law firm did not hire you.
- An example of being qualified and passed over in a discriminatory situation would be if you were a woman with the same or greater education as a man, and both of you applied for a job position. Both you and the man had equal experience working in the position you were applying for. If the man was hired, but you were not, the company will have to be able to provide a legitimate reason that you, as a qualified woman, passed over for the job.
5) Does it seem likely that the discrimination occurred because you are a member of a protected class?
This means that there is some evidence that shows that something bad happened to you at work BECAUSE you belonged to a protected class. There must be a believable cause-and-effect relationship between your being a member of a protected class and the negative job action. For example:
- You were fired BECAUSE you are DISABILITY
- You didn’t get a raise BECAUSE you were a DISABILITY
- You were fired BECAUSE you were DISABILITY
6) Is your employer’s reason for taking the adverse action a lie (“Pretext”)?
Your employer can take any negative action in the workplace as long as there is a legitimate reason for it, and it is not retaliatory. In almost 100% of the discrimination cases, your boss is going to have an excuse that explains why you were treated badly. It is your responsibility to demonstrate that your boss’s excuse is not true, and that the real reason is discrimination. For example, if you are African American and your employer fired you because you performed your job poorly or had a bad attitude, your boss can terminate you. But if every non-African American acts the same way and performs the job the same way as you, then your employer’s excuse that you performed poorly is most likely a lie.
Case Results
James
recovered $160,000 in severance pay and left work on his own terms.
Katrina
recovered $60,000 when her employer denied her leave for her disabled child (3 years pay)!
Tony
recovered $50,000 for losing his job after his boss made racists comments!
Monica
recovered $25,000 in unpaid overtime because her boss incorrectly treated her as not entitled to overtime under the law as a salaried office worker.
Manuel
recovered $45,000 as a deli worker because he worked more than 40 hours a week without overtime pay. The boss paid him off the books without paying him any overtime and we recovered an extra $10,000 in penalties.
Client Reviews
How We Help You Get the Compensation That You Deserve For Your Workplace Disability Discrimination Case In Just 4-9 Months
Let our Employee Disability Discrimination Law Firm Fight for You
Don’t Let Your Employer Intimidate You From Being Compensated For The Disability Discrimination in the Workplace That You Were Subjected To By Threatening Or Scaring You Into Inaction
- You can sue any company you worked for in the past three years. It does not have to be a company at which you are currently working.
- Attorney-Client Privilege- We CANNOT tell anyone about your case unless you ask us to. Your call is 100% confidential and protected by the attorney-client privilege.
- The law protects you. The law prevents retaliation. You can collect unpaid wages and benefits, and penalties, demand your job back, and even demand front pay (money to cover you for the time it would take to find new work.
- Attack only when you’re comfortable. We only move forward when you are ready. There is no pressure to start. You can have your workplace disability discrimination evaluation, come up with a strategy, collect evidence, and begin when you are ready.
Client Reviews
Why clients prefer El-Hag Law
Millions in unpaid wages on behalf of individual clients
Although we have litigated class action lawsuits, nothing makes us happier than handing an individual a check for tens of thousands of dollars. It’s a life-changing experience for most of our clients. That is why we focus on helping the most underserved people and take on the most challenging to win cases. We know how to win these cases and are not afraid to fight on our clients' behalf.
Experience representing employees on an individual or class action basis
Did you know that you could end up receiving less as being part of a class-action lawsuit instead of litigating your case individually? We have handled numerous cases where there are multiple clients, and we know when it would benefit our clients to be part of a class action or not. Generally, class actions benefit the lawyers more than the clients, and we will never put our interest before yours. We always keep our current clients' interests at the forefront of our decisions. Because we have experience handling class action lawsuits and individual lawsuits, we can help you make the right decision for your case.
Will take your case to trial if necessary
The truth is that most lawsuits settle. Many attorneys have no experience going to trial. However, we will. And because we will bring it to trial, we can get better settlements for our clients because other firms know we will go the distance.
Your case is handled by the same person from start to finish
How would you like it if the person who handles your trial is not the person who had all the experience of putting your case together from the beginning? Some law firms will have different people working on different parts of the case to make the firm more efficient. However, in the process, things can fall through the cracks. Not with us. One person handles your case from start to finish, so the representative is personally familiar with all people and facts.
There is an art to winning a lawsuit. How can a person know how a witness will behave at trial if they had no interaction with the witness before the trial date? It's impossible to be effective. These are the kinds of things most people do not know to ask when they are evaluating lawyers. But because we need to win your case to get paid, we make sure that your case does not fall through the cracks.
We care about you and your case
We don't nickel and dime clients for 1-minute phone calls. We put in the time to build relationships and educate our clients. We know this is a scary process for most people. Every client who has walked through our door has never been in a lawsuit before. We want to make sure you are comfortable and educated on what is going on with your case. We provide you with the right information to make educated decisions about your case. It takes time to build strong relationships, and we are happy to put in the time for you.
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