Disability Discrimination Lawyer in NYC

Despite federal disability rights protections under the Americans with Disabilities Act (ADA), disability discrimination regularly occurs in the workplace.

Disability discrimination in the workplace is illegal. If you think that you have been discriminated because of disability, or you constantly face disability disc

Have you been discriminated against in the workplace due to a disability? Federal disability rights protections under the Americans with Disabilities Act (ADA) make disability-based discrimination at work illegal, as do a number of other state and local discrimination laws. 

At Moshes Law, P.C., we represent individuals who have faced unfair treatment and/or harassment at their place of employment due to disability or have had employers make important employment decisions based on their disability rather than their skills, qualifications, and job performance. 

Work with an experienced disability discrimination lawyer, NYC-based, and get the support you need to successfully state your claim and protect your right to fair treatment at work. rimination at work, you should contact a disability discrimination attorney.

Before You Call, Learn How to Prove Disability Discrimination in the Workplace

In order to establish your case, you’ll need to be able to supply sufficient evidence to prove that disability discrimination occurred. 

There are two types of relevant evidence:

• Direct Evidence –  This is evidence that conclusively proves discrimination, such as an email containing derogatory comments about your disability or a letter where an employer states a disabled employee was denied a promotion due to his or her disability. 
• Circumstantial Evidence – Evidence that can be reasonably inferred to show discrimination, such as evidence that non-disabled employees are treated differently, or that adverse employment action was taken soon after an employer learned of a disability. 

Once you have determined that you have evidence to support your claims, fill out our law firm’s contact form on this page to connect with a disability discrimination lawyer in NYC for a free evaluation of your case.

Disability Discrimination in the Workplace: Examples and Qualifications

The ADA defines a disability as a physical or mental impairment that substantially limits one or more major life activities. The term also applies to any employee who is regarded by his or her employer as disabled, even if the employee does not actually fit the definition.

This broad definition means that many people who do not consider themselves disabled may still find protection under the ADA. The law applies to both full-time and part-time employees.

Some of the most common types of disability discrimination include:

• Refusing to interview a disabled job applicant
• Not hiring a disabled job applicant after confirming that the applicant’s disability would not create serious workplace difficulties
• Firing an employee after they become disabled
• Not promoting or advancing a disabled employee out of fear that their disability will impair job performance at higher levels
• Underpaying or not giving bonuses to disabled employees
• Harassing disabled employees in the workplace by making jokes or derogatory comments
• Not providing a reasonable accommodation to a disabled employee, such as modifications of trainings or materials, breaks to take medication or appropriate access to workplace facilities

Which Laws Prohibits Employment Discrimination Based on a Disability?

The ADA makes it illegal for an employer to refuse to hire, fire, demote, reduce pay, reassign, or otherwise deny workplace benefits or perks to an employee simply because that employee is disabled in some way.

Additionally, many state and local laws also protect disabled individuals from discrimination in the workplace.

For example, the New York State and New York City Human Rights Laws provide disability discrimination protections.

The ADA does not allow companies with 15 or more employees to discriminate on the basis of a disability or perceived disability. The New York State and New York City Human Rights Laws additionally cover all employers who employ between 4 and 14 workers.

The ADA and the majority of state discrimination laws only provide protection for qualified disabled workers as well as workers who “are regarded as” or “perceived as” disabled.

Who is Protected under the Americans with Disabilities Act?

 

Are you a person with a disability?

The ADA defines a disability as a physical or mental impairment that substantially limits one or more major life activities. The term also applies to any employee who is regarded by his or her employer as disabled, even if the employee does not actually fit the definition.

This broad definition means that many people who do not consider themselves disabled may still find protection under the ADA. The law applies to both full-time and part-time employees.

Are You “Otherwise Qualified” to Perform the Job?

Discrimination occurs when an employer takes action against a worker because of the worker’s disability, despite the fact that the worker is otherwise qualified to perform the job.

“Otherwise qualified” means that the worker is able to perform the essential functions of that position with or without a reasonable accommodation.

If there is no reasonable way a person with a disability could perform the essential functions of a job, even if the employer makes reasonable accommodations, it is not discriminatory to deny the person the position.

Is your disability or condition covered by the ADA? You can find out by contacting an ADA lawyer in New York. ADA discrimination is more common than many people want to believe, and disability discrimination attorneys can assist in resolving your claims.

What is a reasonable accommodation?

The ADA requires that employers provide reasonable accommodations to employees who they know have physical or mental limitations.

An accommodation is an adjustment to the workplace that allows a disabled employee to perform his or her job.

Whether an accommodation is reasonable, however, depends on the degree to which an accommodation would disrupt the employer’s operation or result in unreasonable cost.

Examples of reasonable accommodations can include:

• Modifying the employee’s work schedule;
• Allowing disabled employees to take additional breaks;
• Making facilities accessible to the disabled (e.g. making ramps);
• Modifying tests and training materials;
• Procuring new equipment; and
• Changing company policies.

What Are Examples of Discrimination Against People with Disabilities?

The following circumstances are some of the most common types of disability discrimination:

• Refusing to interview a disabled job applicant;
• Not hiring a disabled job applicant after confirming that the applicant’s disability would not create serious workplace difficulties;
• Firing an employee after they become disabled;
• Not promoting or advancing a disabled employee out of fear that their disability will impair job performance at higher levels;
• Underpaying or not giving bonuses to disabled employees;
• Re-assigning disabled individuals to less-desirable jobs (even if the employer believes he or she is acting in the employee’s best interests);
• Harassing disabled employees in the workplace by making jokes or derogatory comments;
• Not retraining or not providing accommodations to employees who become disabled during employment;
• Not providing reasonable break time during work hours for an employee to manage a disability, such as allowing breaks to take medication; and
• Refusing to purchase additional equipment that could accommodate an employee’s disability.

What truly matters is not the actual disability an employee or job applicant has, but whether the employee or job applicant is qualified and able to do the job with or without an accommodation.

If you believe you may have been discriminated against on the basis of your disability, call a New York disability discrimination attorney today for a consultation about your right to recover damages from your employer.

While these are simply examples of what could happen, disability discrimination attorneys can help you determine whether you have a claim based on your own experiences.

You can also fill out our law firm’s contact form to alert our ADA lawyers to your claim.

What is Perceived Disability Discrimination?

The ADA also prohibits perceived disability discrimination, an area of law which has seen considerable development in recent years.

Perceived disability discrimination occurs where an employer believes an employee has a disability and discriminates on that basis regardless of whether the employer is correct that the employee’s perceived condition is actually a disability.

Perceived disability discrimination can occur either because an employee has a past record of having a disability or because an employer erroneously believes that a certain condition constitutes an actual disability.

For example, if a job applicant has a record of childhood asthma, but no longer suffers from shortness of breath or other respiratory problems, it would be illegal to not hire that applicant solely because of asthma-related concerns.

Many of our clients find the notion of perceived disability discrimination confusing. If you are unclear about your rights under the ADA, call a New York disability discrimination attorney to learn more about your case.

Two Theories of Discrimination

1. Disparate Treatment: Disparate treatment disability discrimination is when one is intentionally treated differently than his or her coworkers in the workplace on the basis of a disability.
2. Disparate Impact: Disparate impact disability discrimination in when an employer implements a neutral employment policy that applies to all employees equally but in practice adversely affects a disproportionate number of disabled employees. Even though the policy does not appear to discriminate against disabled employees on its face, it ultimately has that effect. For example, an employer policy relating to the use of a time clock to punch-in and punch-out may discriminate against disabled employees if the clock is positioned so that employees in wheelchairs cannot reach it.

The Statute of Limitations

In New York, under the ADA, an employee must file a charge of discrimination with the Equal Employment Opportunity Commission (“EEOC”) within 300 days of the most recent discriminatory act. Once a Notice-of-Right-to-Sue is received from the EEOC, an employee must file his or her lawsuit within 90 days.

Under the NYS and NYC Human Rights Laws, an employee must file a claim in court within three (3) years of the last discriminatory act.

Can I Sue My Employer for Not Accommodating My Disability?

Under the ADA and state and local discrimination laws, employers, supervisors, co-workers, business partners, and even clients and customers can all be sued for instances of workplace discrimination related to disability, including neglectful practices like non-accommodations. Per the ADA, employers are required to provide reasonable accommodations or adjustments to the workplace that allows a disabled employee to perform his or her job. 

Whether an accommodation is reasonable, however, does depend on the degree to which an accommodation would disrupt the employer’s operation or result in unreasonable cost.

Please note that in New York and under the ADA, an employee must file a charge of discrimination with the Equal Employment Opportunity Commission (“EEOC”) within 300 days of the most recent discriminatory act. Once a Notice-of-Right-to-Sue is received from the EEOC, an employee must file his or her lawsuit within 90 days.

Contact a Disability Discrimination Lawyer in NYC to Help With Your Case

While proving disability discrimination at work can be a complex and challenging process, it’s important to take action and stand up for your rights. Now that you know how to prove disability discrimination at work and what acts are considered discriminatory, contact us to find out if you have a case and discuss your legal options.