Disability Discrimination

Disability Discrimination Attorneys in New York City

Facing Disability Discrimination? We Can Help.

While having a disability can certainly make some work-related tasks more difficult than others, people who have disabilities deserve to be treated fairly and with respect in the workplace. If your employer takes a negative action against you based on a real or perceived disability, you have a case worth fighting for. Your job is an important part of your livelihood and we want to defend your right to work.

Work from Home Accommodations after Covid-19 

NYC offers even broader protections than the ADA by requiring employers to reasonably accommodate an employee’s disability and engaging in an interactive dialogue. That’s why there are laws in place to protect employees from the disability discrimination that can occur when employers don’t make the appropriate accommodations.  Employers must be flexible and cannot deny the request by simply say No.   Learn more about work from home disability accommodations after Covid.

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Disability Discrimination – Definition

Disability discrimination happens when an individual is mistreated on the basis of disability. Disability discrimination can involve FMLA or Paid Family Leave violations, denial of reasonable accommodations, as well as those who are dealing with Cancer.

There is a misconception that a person with a disability is unable to do the same job as an able-bodied person.  In truth, with the appropriate accommodations and proper equipment, a disabled person can perform the same work as anyone else. Note that disabilities can take other forms besides physical, such as a mental health condition.

Americans With Disabilities Act

Under the federal Americans with Disabilities Act (ADA), employers are required to provide reasonable accommodations to those employees with known medically diagnosed conditions. Reasonable accommodations can include modifications to the employee’s work schedule or equipment, in order to allow the employee the opportunity to effectively perform his or her job.

The law prohibits employers from considering a person’s disability when making employment decisions. This includes hiring, firing, promoting, providing benefits, training, assigning jobs, and other conditions of employment. 

New York State and New York City laws also prohibit disability discrimination.

Reasonable Accommodations

Employers cannot deny reasonable accommodation requests.  The above law requires that an employer make adjustments to a position or workplace to allow a disabled employee to perform his or her job. These “reasonable accommodations” may include:

  • A job transfer
  • Temporary leave from work for medical treatment
  • A more flexible work schedule
  • Modifying or removing non-essential duties from one’s job responsibilities
  • Making the workplace wheelchair accessible
  • Providing a reader for a worker who is blind
  • Providing an interpreter for a hearing impaired employee

Note that accommodations do not need to be provided if the employer can prove that doing so would cause undue hardship, for instance, if the accommodation is too costly or would disrupt the work environment.

Disability Discrimination in the Workplace

Many employers don’t want to bother with the expense and inconvenience of accommodating a disabled employee. 

For example, sometimes a company that doesn’t want to implement accommodations will refuse to hire disabled workers. Or, if a person has become disabled while working for an employer, the company will refuse to make necessary reasonable adjustments so that an employee can keep working.

Disability discrimination oftentimes involves issues with family medical leave, maternity leave, or pregnancy discrimination as well. For example, a female employee may need to take time off for medical leave, which is most often covered by a company’s disability policy. Failure to make these accommodations could be considered disability discrimination.

Discrimination on the basis of disability is not ok and is illegal under federal and New York state laws. That’s why the key to protecting yourself is knowing your rights and being able to recognize the signs of disability discrimination in the workplace early on.

Examples of Disability Discrimination

Disability discrimination can take many forms. Note that any indication that an employer is taking your disability into consideration when it comes to employment presents a possibility of discrimination. Consider a few of these common examples below to help you determine whether you are being discriminated against due to your disability:

  • You arrive at a job interview in your wheelchair. After the interview, the hiring manager indicates to your wheelchair and says, “That might be a problem”. You never get a call back and you wonder if it’s because the company isn’t willing to make appropriate accommodations.
  • Your coworker often has to take several breaks throughout the day because she has bouts of anxiety. After she discloses her anxiety disorder to your boss, he says that she needs is limited to the same amount of break time as everyone else.
  • You have Attention Deficit Disorder, which sometimes makes it difficult to focus on tasks. However, you always get your work done, even if it takes a little extra time. You are due for a promotion, but your employer doesn’t give you one, stating that you can’t “keep up” with your coworkers.
  • Your coworker’s pain disorder means that they often have to leave work for doctor’s appointments or work from home due to the pain. The company is willing to accommodate these absences, but are unwilling to pay your coworker the same amount as employees with the same job.

If any of these examples sound familiar to your situation, it’s time for you to seek justice. Our trusted attorneys will work with you to help develop your case. Then, we will file the paperwork with the Equal Employment Opportunity Commission (EEOC), negotiate with your employer and protect your right for accommodations in the workplace. 

Watch Video to learn if you may have a Disability Discrimination or Failure to Accommodate Claim

NYC Disability Accommodation Lawyers Protecting Your Rights

Now is the time to push a little harder for your accommodation if you have been turned down for a work from home request.  If the Doctor is saying that it would not be safe for your health, and that working from home will help you be safer, healthier, and happier.  The argument that working from home is reasonable has never been stronger.  This why firms like ours exist.

Schedule Your FREE Legal Evaluation

If you have any questions about a situation with your job because of the Coronavirus pandemic, please don’t hesitate to call 646-698-8990 or Contact Us for a free consultation and learn your rights.

Frequently Asked Questions – Disability Discrimination

Think you may be experiencing disability discrimination at work? We can help. Read our FAQ section below for more information.

What is Considered a Disability?

The ADA defines a person with a disability as “a person who has a physical or mental impairment that substantially limits one or more major life activity”. A disability can be physical and/or psychological. You can’t always see someone’s disability, but everyone is deserving of fair treatment at work regardless of their condition.

What are some examples of Disability Discrimination

Some examples of disability discrimination include an employer considering a person’s disability when it comes to hiring, firing, promotions, benefits, or any other condition of employment. It is discrimination for an employer to refuse to hire you or fire you due to you having a disability. If you have experienced any of these examples or similar, contact a trusted NYC disability discrimination lawyer.

What is a Reasonable Accommodation?

Reasonable accommodation refers to adjustments or modifications made to the workplace to accommodate someone who has a disability. This may include making the workplace more accessible, removing non-essential tasks from one’s job responsibilities, acquiring or modifying equipment, providing e-readers or interpreters, etc.

Can You Sue for Disability Discrimination?

Yes, but before you can sue for disability discrimination, you must first file a charge of discrimination with the Equal Employment Opportunity Commission. To make this process simple, our NYC disability discrimination attorneys handle this for you so you can gain the peace of mind you deserve. Then, we can file the lawsuit on your behalf.

Contact a New York Disability Discrimination Attorney

White & Hilferty has established itself as the leading employment discrimination law firm for employees who have been discriminated against on the basis of disability. If you have been the victim of disability discrimination, we can protect your rights.  Contact us to schedule your consultation or Call 24/7 646-698-8990.