Can disability discrimination occur in the legal profession?

disability discrimination

The legal profession is a notoriously competitive environment. Attorneys are judged from the moment they take the LSAT and, once admitted to law school, on their ability to nab top clerkships and impress in class. Competition doesn’t end once they are hired; associates fight for partner slots and partners fight for equity status. In such a hyper-competitive environment, it is not uncommon for lawyers to feel pressure to downplay their disabilities.

disability discrimination occurs when a person is treated unfavourably because of his or her disability, and the treatment is not justified by an undue hardship or medical necessity. This kind of discrimination is illegal, and a person can file a lawsuit to recover damages for the injury he or she has suffered as a result of it.

While there are many types of disability discrimination, the most common occurs when someone is denied reasonable accommodations for a disability. These accommodations could include modifying the work environment or altering how a job is performed. The ADA requires that all employers make reasonable accommodations for people with disabilities unless it would cost too much or cause an undue burden on the company.

Can disability discrimination occur in the legal profession?

However, attorneys often fail to request accommodation or do not seek accommodation that will allow them to perform their job well. Some employers may also assume that the attorney will not be able to meet performance expectations, such as billable hours or meeting certain client deadlines. Attorneys who need a reasonable accommodation should discuss this with their supervisor, as it is possible that a simple adjustment can fix the problem.

Some employers mistakenly believe that people with disabilities cannot be accommodated at all. This is often based on misconceptions about the ADA’s requirements and what accommodations are considered to be “reasonable.” A person does not need to request reasonable accommodation in order to sue for disability claim lawyer, but it is important to do so because it creates a paper trail of requests that may help to prove he or she was subjected to unfair treatment.

An experienced disability claim lawyer can review your situation and help you determine if there is reason to file a complaint with the Equal Employment Opportunity Commission (“EEOC”). The EEOC requires that complaints be filed within 180 days of the illegal conduct, but in New York this period can be extended to 300 days. The lawyer can also review company policies, any witnesses who can testify and any documentation you have of the alleged discriminatory behavior. The attorney can also advise you about any other steps that are necessary to proceed with a lawsuit, such as filing an administrative complaint with the EEOC or seeking a civil remedy from a court. The attorney will then handle all communications with the EEOC, the employer and any other parties involved in the case. This allows the attorney to focus on getting the best outcome for his or her client. This is an invaluable service that every employee deserves, and the ADA requires it.