Evidence of discrimination against people with disabilities
Proof of disability discrimination requires two things: understanding how the court analyzes evidence and understanding what evidence is needed. New York disability discrimination lawyer can help you in it.
Direct evidence is a piece of indubitable evidence, such as an email an employee accidentally found containing derogatory comments about a disabled employee or a letter from an employer explaining that a disabled employee was fired because of his disability. Although rare, this type of evidence is compelling evidence of discrimination.In the absence of direct evidence, discrimination can be proven through circumstantial evidence, which is evidence-based on a finding linking it to discrimination.
Examples of circumstantial evidence include:
- The short time between the moment when the employer learned about the disability and the time of negative action when hiring;
- Evidence that non-disabled employees in the same job are treated differently than disabled employees;
- Evidence that a disabled worker was recruited but replaced, or that the position was taken over by someone less qualified was not disabled.
If you have been the victim of workplace discrimination because of a disability, our New York discrimination lawyers can protect your rights.