Diversability and E&B law: Disability and Employment Rights
Eisenberg & Baum, LLP, in partnership with Diversability, hosted “Unplugged: Disability and Employment Rights” in New York City and virtually. The speakers were Lucy Trieshmann (they/she), Associate Attorney, Eisenberg & Baum, LLP; Reyna Lubin (she/her), Partner, Eisenberg & Baum, LLP; and Emma Farley (she/her), Disability Studies scholar, activist, and entrepreneur. The panel is available here: https://www.youtube.com/watch?v=CS6dC4aq7YI.
“We’re so thrilled to collaborate with Tiffany Yu and Diversability. Their work is sterling, and we too believe justice should be accessible to all,” said David John Hommel, a law partner with Eisenberg & Baum, LLP and the founder of its Disability Rights Group. “For that reason, we offer free initial consultations and work on a contingency-fee basis, meaning our plaintiffs only pay if the firm wins the case. That way, we can vindicate someone’s rights without the threat of a financial risk.”
Employees have certain rights in the workplace, including protection from harassment and discrimination, equal pay for equal work, access to accommodations, confidentiality of medical history, and the ability to report discrimination without fear of retaliation. They discussed challenges faced by disabled people at work and efforts to promote inclusion. Topics included disability rights, accommodation requests, the impact of COVID-19, legal help, advocacy, and navigating academic environments.
Disability Justice
Disability justice addresses broader, more inclusive perspectives. It recognizes overlapping oppressions based on race, gender, sexuality, class, and disability. Its goal is to dismantle all forms of oppression through liberation and solidarity among social justice movements. It values community support over individualism and advocates for those most affected by injustices to lead.
It challenges societal norms that perpetuate discrimination beyond legal rights and aims for cultural, social, and economic growth. It promotes the overall well-being of disabled individuals to create an inclusive and equitable society.
Employment Challenges
The panelists noted that only 22.5% of disabled individuals are employed compared to 68.5% of non-disabled individuals. They stressed the need for better policies and accommodation processes, ongoing conversations, advocacy, and education to promote inclusion.
Self-Advocacy
Advocacy and self-empowerment was a major point of the discussion. They stressed honesty in accommodation requests and highlighted understanding workplace policies and seeking help when necessary. There are challenges of self-advocacy, especially for minorities, but are ample benefits of legal action and documentation.
The panelists highlighted the paradox of needing accommodations in an inclusive environment and stressed knowing your rights and seeking legal help if necessary. They recommended documenting interactions with employers and approaching accommodation discussions diplomatically.
Seeking Legal Help
The panelists encouraged individuals to build supportive networks and prioritize their well-being while advocating for their workplace rights. E&B offers free consultations and resources for those facing discrimination and encourages reaching out to disability rights organizations and state agencies.