Event Recap: Diversability Unplugged: Disability and Employment Rights
Panelists from Left to Right - Emma Farley, Reyna Lubin, and Lucy Trieshmann. Courtesy of Bradley Lau Photography, Inc.
Employees of a workplace have the right not to be harassed or discriminated against, should receive equal pay for equal work, should receive workplace accommodations, should expect confidentiality related to medical history, and have the right to report discrimination without retaliation. These are called employee rights and should be adhered to in all US workplaces.
On Tuesday, May 21, 2024, in partnership with Eisenberg & Baum, LLP, Diversability hosted Unplugged: Disability and Employment Rights, a discussion that explored the intersection of employment law, disability rights, and advancing disability justice. This event was hosted in New York City and virtually just a few days after the 13th Global Accessibility Awareness Day (GAAD).
Speakers included:
Lucy Trieshmann (they/she), Associate Attorney, Eisenberg & Baum, LLP
Reyna Lubin (she/her), Partner, Eisenberg & Baum, LLP
Emma Farley (she/her), Disability Studies scholar, activist & entrepreneur
This is a rough recap, with the help of AI!
The panelists provided invaluable insights into the challenges faced by disabled individuals in the workplace and the ongoing efforts to advocate for equity and inclusion, touching upon various aspects of disability rights, accommodation requests, the impact of the COVID-19 pandemic, seeking legal assistance, empowerment through advocacy, and navigating academic environments.
Understanding Disability Rights vs. Disability Justice:
Emma delineated the difference between the disability rights movement and the disability justice movement, emphasizing the broader scope of disability justice, which incorporates intersectional perspectives and recognizes the multifaceted layers of oppression faced by disabled individuals. Emma spoke about the intersections of disability with race, gender, and sexuality. Reyna shared her journey of helping those who faced discrimination. Both emphasized the importance of a disability justice approach that considers multiple identities and intersects with other forms of oppression.
Addressing Disability Employment Challenges
Lucy addressed the ongoing challenges faced by people with disabilities in the workplace. They emphasized the need for employers to improve their policies and streamline the process for reasonable accommodations. They also pointed out that only 22.5% of people with disabilities are employed, compared to the 68.5% employment rate for people without disabilities. Lucy urged for continued conversations with employers, advocacy, and education to promote diversity and inclusion in the workplace.
The panelists highlighted the complexities involved in requesting accommodations in the workplace. Emma discussed the paradox of needing accommodations in an inclusive environment, while Reyna emphasized the importance of understanding one's rights and seeking legal assistance if necessary. They also discussed the fear of retaliation and the importance of documenting interactions with employers. They also stressed the importance of contacting an attorney if accommodation requests are denied.
Lucy shared her personal experiences and strategies for navigating workplace accommodations due to his disability. She advocated for a diplomatic approach to discussing barriers and suggested that employers should be given the opportunity to propose solutions. She acknowledged the potential challenges of assertiveness being perceived as disrespectful, while emphasizing the importance of advocating for oneself. Lucy also discussed the broader issues of representation, equity, and compliance with disability rights in the workplace. Furthermore, she recommended maintaining a detailed spreadsheet to record all work-related events, particularly in situations that could be traumatic, as a tool for future reference and to alleviate mental distress.
Seeking Legal Assistance:
Reyna provided insights into accessing legal assistance, emphasizing the availability of free consultations and resources for those facing discrimination. She encouraged individuals to reach out to disability rights organizations and state agencies for support and referrals.
During the Q&A session, concerns were raised about the challenges of addressing discrimination, particularly when facing prestigious institutions. The panelists emphasized the importance of persistence and seeking support from disability rights organizations and legal resources.
Empowering Self-Advocacy in the Workplace
Despite the challenges, the panelists highlighted the importance of advocacy and self-empowerment. Emma shared her personal experiences navigating accommodation requests, emphasizing the need for honesty and assertiveness while acknowledging the complexities of workplace dynamics.
Lucy stressed the importance of understanding and adhering to workplace policies regarding the reporting of discriminatory incidents. She also highlighted the challenges faced in seeking justice, particularly in cases against prestigious institutions or companies, and encouraged attendees to seek help from various sources. She shared her personal experiences with trauma and emphasized the importance of having a strong support system and standing up for oneself. Reyna, an attorney and a black woman, discussed the challenges of advocating for oneself in the workplace, particularly for minorities. She emphasized the importance of documenting requests for accommodations and equal pay, and the benefits of seeking legal action when necessary. She also noted that having an attorney to support and guide through the process can be empowering. Lucy further stressed the need for individuals to speak up for themselves and be their own advocates, and highlighted the importance of not underestimating HR. She also mentioned the value of having a record of requests, as it can strengthen a case if legal action is necessary.
Impact of the COVID-19 Pandemic:
The panelists addressed the significant changes brought about by the pandemic in the employment landscape, including the shift towards remote work. While this change provided opportunities for some, it also highlighted issues such as increased surveillance software and the need for accessible technology. They stressed the importance of advocating for inclusive practices as workplaces adapt.
In closing, the panelists emphasized the importance of self-care and building support systems. They encouraged individuals to surround themselves with supportive networks and to prioritize their mental and emotional well-being throughout the process of advocating for their rights in the workplace and beyond. The panel discussion underscored the ongoing need for advocacy and systemic change to ensure equitable opportunities for disabled individuals in various spheres of life. By amplifying diverse voices, empowering individuals to assert their rights, and fostering supportive communities, we can work towards a more inclusive and just society.
About our partner: Eisenberg & Baum, LLP devotes itself to justice for clients through civil rights cases, class actions, and other areas of litigation. The Deaf Law Center and Disability Rights group are committed to helping people with disabilities get the protection they deserve to the fullest extent of the law at the local, state, and federal levels. We firmly believe that every person has a right to be free from discrimination and a right to be provided reasonable accommodations. They also offer free initial consultations and work on a contingency-fee basis (meaning, plaintiffs only pay if the firm wins the case). Reach out for a free consultation via their online form, or contact them via email (info@eandblaw.com) or phone: 212-353-8700 (voice) or 646-807-4096 (video phone). Learn more: [https://www.eandblaw.com/services/disability-rights/]