Losing your job can be devastating, especially if your disability played a role. Under the New York City Human Rights Law (NYCHRL), the New York State Human Rights Law (NYSHRL), and Americans with Disabilities Act (ADA), such terminations are illegal. If you’ve recently lost your job and believe your disability was a factor, understanding the signs of discrimination can empower you to protect your rights.
In this post, we’ll explore the top five signs you were fired due to disability discrimination and provide practical steps to help you move forward. You’ll also learn key insights into proving disability discrimination, recognizing common examples, and spotting early warning signs.
1. Sudden Negative Performance Reviews After Disclosing a Disability
Your performance record can tell an important story. If you’ve consistently received positive reviews, raises, or promotions, a sudden shift in evaluations after disclosing a disability is a potential red flag. Employers with discriminatory biases may unjustly criticize your work, creating a misleading record to justify termination later.
Example: Imagine an employee with a hearing impairment who performs well. After requesting closed-captioning software for meetings, the employee suddenly receives a negative performance review claiming “ineffective communication.” This kind of retaliation may suggest discrimination.
2. Denial of Reasonable Accommodations
The ADA requires employers to provide reasonable accommodations to employees with disabilities unless doing so would cause undue hardship. Denial of reasonable accommodation requests without valid justification may indicate unlawful discrimination.
Signs of this behavior include:
- Ignoring or delaying accommodation requests,
- Providing excuses rather than seeking solutions, and
- Retaliating against employees who pursue accommodations.
Example: A New York accountant with diabetes requests flexible working hours to manage fatigue. Even though other employees have flexible scheduling for non-medical reasons, the employer denies this request and soon after terminates the accountant. This sequence of events could demonstrate discrimination, showing how an employer’s refusal to accommodate medical needs may violate the law.
3. Hostile Work Environment Post-Disclosure
A drastic change in workplace behavior after disclosing your disability is another sign of potential discrimination. This hostility could manifest through bullying, exclusion, or inappropriate comments.
Look for the following warning signs:
- Colleagues or supervisors excluding you from meetings or projects,
- Comments implying your disability makes you less capable, and
- An overall atmosphere of hostility or discomfort targeting you.
Example: A marketing manager discloses depression and requests time off for therapy sessions. After returning to work, colleagues avoid them, making snide remarks about the manager’s stress tolerance, and exclude them from team projects. The manager is also micromanaged and questioned about reliability — creating a toxic environment that sets the stage for a wrongful termination.
4. Differential Treatment Compared to Peers
Employers are required to treat all employees fairly, regardless of their disabilities. It could be discriminatory if you’re disciplined for actions that nondisabled colleagues are not punished for or assigned unfavorable tasks without justification.
Example: A retail worker with chronic pain is reassigned to a physically demanding role, while non-disabled colleagues keep less strenuous tasks. If this treatment results in termination, the worker’s rights may have been violated.
5. Termination Following a Disability Leave
Under federal and New York laws, employers are prohibited from punishing employees who take medical leave for a disability. If you’ve taken time off for surgery, treatment, or recovery, and your termination occurs shortly thereafter, that timing may signify discrimination.
Example: A software developer takes three weeks off for surgery, only to return and discover they’ve been replaced. The employer’s justification is “company restructuring,” but no additional layoffs occurred. This sequence of events may suggest a discriminatory termination.
How to Prove Disability Discrimination
Proving discrimination requires careful documentation and a clear understanding of legal protections. In New York, here’s what to focus on:
- Establish you have a qualifying disability. The ADA, NYSHRL, and NYCHRL define disability broadly, covering physical, mental, and chronic health conditions.
- Show you were qualified for your role. Provide evidence of your performance reviews, training, or any other indicators that you could perform your job successfully with or without accommodations.
- Demonstrate a connection between your disability and termination. Use documentation and timelines to show how your firing occurred after disclosure, leave, or an accommodation request.
Understanding these legal elements is essential, but it is equally important to know what actions to take to protect your rights and build your case.
Taking Immediate Action After Discriminatory Termination
If you recognize these signs of disability discrimination, acting quickly can strengthen your case. Here are essential steps to protect your rights:
- Document everything. Keep detailed records of all interactions, including emails, texts, and conversations about your disability and termination. Note dates, times, and any witnesses present.
- Request your personnel file. This file may contain vital evidence, including performance reviews, accommodation requests, and disciplinary actions. Submit your request in writing and keep a copy for your records.
- Preserve electronic evidence. Before losing access to your work accounts, save relevant emails, instant messages, or digital notes. If possible, print them or forward them to your personal account, but avoid violating confidentiality agreements.
- File for unemployment benefits. Don’t let concerns about your termination prevent you from filing for unemployment benefits. Even if your employer contests your claim, you may still qualify. Pursuing unemployment can also generate additional documentation useful for your case.
Taking these proactive steps immediately after termination helps protect your interests and demonstrates that you acted professionally throughout the process.
Contact Rissmiller PLLC
The signs of disability discrimination may not always be obvious, making awareness critical to defending yourself. If you’ve experienced these issues, reach out to Rissmiller PLLC for guidance. Founder Alex Rissmiller leverages his extensive courtroom experience and deep expertise in employment law to advocate for disabled employees, achieving successful outcomes in numerous disability discrimination cases. He offers personalized strategies to secure the best possible results for individuals facing disability discrimination. For more information or to schedule a consultation, contact Rissmiller PLLC today.
