How To Prove That You Are Disabled For The Purpose of A Claim Of Discrimination?
People often ask an attorney how to show disability discrimination at work because discriminatory conduct may not always be explicit. It is possible for anyone watching your company to be ignorant of what constitutes standard procedure and what does not. A person might sometimes wonder whether they are actually the victims of discrimination in the workplace or if their employer’s actions reflect or qualify as discrimination in the workplace. If you are a victim of discrimination due to disability, contact the Law Office of Jeffrey A. Goldberg.
Discrimination generally involves at least one of the types of discriminatory conduct listed below, even if it is sometimes subtle or hard to notice. If you are wondering how to show disability discrimination in your place of employment or another, it is essential to keep in mind each of these factors.
Proving disability for discrimination claim
An easy approach to remembering how to demonstrate disability discrimination and detect if you were the victim of workplace disability discrimination is to memorize the abbreviation STAMPED, which stands for:
Similarly placed employees receive better
Treatment. Due to this, an
Accomodation or
Mentioning the adverse action you were not
Promoted by the
Employee because you have
Disability.
One of the various ways that an employer may have mistreated you that exhibits handicap discrimination in the workplace can be identified by each of the first five letters. For any of the five methods to be valid, the final letter in STAMPED must be fulfilled.
- Employees in Similar Situations
First, there is a case in which a coworker who is in a similar position to you is treated differently, usually better, since they are not disabled.
- Receiving poor treatment
While comparing your treatment to that of another employee is essential in the above-mentioned way of proving handicap discrimination at work, there are cases in which you work alone and have no one who can compare your employer’s behavior. It is not always required for that other person to testify to unfair treatment.
- You ask for accommodation.
As you may know, people who have disabilities have the right to reasonable accommodations that allow them to carry out the necessary tasks related to their work. Although employees are generally not allowed to eat anything other than breakfast or lunch, you may have diabetes and need to snack often to keep your blood sugar constant.
- You mentioned all the above requests.
Going back to the previous item, you wrote management to express your displeasure with the situation and to seek accommodation once more after being denied the shorter but more frequent breaks. At the meeting was your immediate supervisor, who had first refused the accommodation.