For employers facing allegations of disability discrimination in the workplace, avoiding unnecessary liability requires an informed, strategic defense. While various forms of evidence may be available to dispute the employee’s allegations or build a defense strategy focused on mitigating the employer’s liability exposure, the specific types of evidence that are available in any particular case will depend on the circumstances involved. The need to identify and preserve key evidence makes it critical to promptly engage an experienced New York ADA defense lawyer in this scenario.
Understanding the Two Types of Disability Discrimination Complaints
Disability discrimination complaints under the Americans with Disabilities Act (ADA) and other applicable laws can take two main forms. Each form presents different considerations, risks, and opportunities for building a strategic defense. Broadly speaking, discrimination complaints involving employees’ claims for disability discrimination can allege either:
- Failure to Provide a Reasonable Accommodation – Under the ADA and other applicable laws, covered employers are required to provide “reasonable accommodations” to employees who request them. If an employer is required to provide an accommodation and fails (or refuses) to do so, this can expose the employer to liability for damages and other remedies.
- Discriminatory Adverse Employment Action – Employers may also face disability discrimination complaints arising from adverse employment actions. Employees who allege that they were fired, passed over for promotions, or otherwise denied job opportunities based on their disabilities can seek damages and other remedies as well.
In all cases, employers accused of disability discrimination can face significant liability, loss of goodwill, and reputational harm. As a result, regardless of whether a disability discrimination complaint involves allegations of failure to provide a reasonable accommodation or of taking a discriminatory adverse employment action, it is critical to promptly gather the evidence needed to make informed, strategic decisions.
7 Potential Types of Evidence in Disability Discrimination Cases
With these two types of disability discrimination complaints in mind, here are seven examples of types of evidence that may be available in these cases:
1. Documentation of the Analysis of Potential Accommodations
In cases involving requests for reasonable accommodations, documentation of the employer’s analysis of potential accommodations can serve as key evidence of compliance with the law. The employer’s size, the nature of the employee’s needs, and various other factors can all play a role in determining what is “reasonable” in any particular scenario. If an employer can demonstrate that it took sufficient steps to analyze its options before making a final decision, documentation of this analysis could be key to the employer’s defense.
2. Documentation of the Decision-Making Behind the Adverse Employment Action
Similarly, in cases involving adverse employment actions, documentation of the employer’s behind-the-scenes decision-making can serve as key evidence. This is true whether the reason for the adverse employment action was related or unrelated to the individual employee in question.
For example, if the employee was terminated for cause, this can serve as a complete defense to any allegations of disability discrimination. Likewise, if the employee’s position was eliminated as part of a corporate restructuring or reduction-in-force (RIF), this could serve as a defense against any allegations that the employee was singled out because of the employee’s disability.
3. Emails and Other Correspondence
As with other types of internal investigations, emails and other correspondence will often play a key role in evaluating and defending against allegations of disability discrimination in the workplace. This can include correspondence either involving or concerning the employee who has filed a complaint. When facing allegations of disability discrimination, employers must work quickly to identify and preserve all potentially relevant communications. Working closely with the company’s legal counsel is essential for avoiding potentially costly mistakes and oversights during this process.
4. Witness Statements
Investigating an employee’s allegations of disability discrimination may involve conducting various interviews. This includes not only interviewing the complaining employee and any personnel directly involved in the allegedly discriminatory action, but also other employees who may have relevant knowledge. Witness statements can serve as key evidence in various ways—from casting doubt on the veracity of the complaining employee’s allegations to providing additional insight into the decision-making behind a non-discriminatory action or decision.
5. Performance Reviews
In cases involving adverse employment actions, the complaining employee’s performance reviews can also help dispute allegations that the employee was singled out because of the employee’s disability. If the employee had received negative performance reviews and those reviews were the basis for the adverse employment action in question, then liability for alleged disability discrimination is unwarranted.
6. Disciplinary Records
Likewise, if the complaining employee had previously faced disciplinary action, or if the adverse employment action in question was itself disciplinary, this can serve as a complete defense to liability. While New York is an “at will” employment state, employers can mitigate their risk of discrimination-related liability by documenting the reasons for for-cause terminations and other for-cause adverse employment actions.
7. Anti-Discrimination Policies, Training Materials, and Related Documentation
Employers’ anti-discrimination policies and training materials can also be key evidence for mitigating potential discrimination-related liability. If an employer can show that any discriminatory action or decision was undertaken by a rogue employee who violated the company’s policies, this can be critical for avoiding unwarranted liability. Documentation of the employer’s ongoing compliance efforts (e.g., employees’ completion of required training programs) can also serve as key evidence in appropriate cases.
Speak with a New York ADA Defense Lawyer at Bell Law Group Today
If you need more information on defending against a disability discrimination complaint in New York, we invite you to get in touch. Our lawyers defend employers in disability discrimination cases across the state. To speak with an experienced New York ADA defense lawyer at Bell Law Group in confidence as soon as possible, call 516-280-3008 or tell us how we can reach you online now.
