Disability discrimination occurs when an employer makes an adverse employment decision based on an employee’s disability rather than his or her skills, qualifications, or abilities. Although disability discrimination is illegal, some employers continue to treat disabled workers unfairly, refusing to hire them or treating them harshly on the job.
The disability discrimination lawyers at Akin Law Group believe that all employees in New York and New Jersey should be treated with the dignity and respect they deserve. The disability discrimination attorneys at the Akin Law Group will use their courtroom experience, legal knowledge and perseverance to defend the rights of workers facing disability discrimination because of their actual or perceived disability. If you have faced disability discrimination in the workplace because of your disability, contact our New York or New Jersey disability discrimination attorneys as soon as possible to schedule a Free Consultation.
The Americans with Disabilities Act, which resembles New York State’s Executive Law is a wide-ranging civil rights law that prohibits employers from discriminating against “qualified individuals with disabilities”. It affords similar protections against discrimination to Americans with disabilities as the Civil Rights Act of 1964, which made discrimination based on race, religion, sex, national origin, and other characteristics illegal.
In order to be protected by the ADA, you must:
The New York City provides certain protections and advantages that are not available under the federal ADA:
New York City laws may play a crucial role in determining whether an employer illegally discriminated against a disabled employee. Because of this, a victim of disability discrimination in NYC should seek a lawyer well-versed in matters of city, state, and federal law. The attorneys at Akin Law Group are experienced in all aspects of employment law, and are ready to maximize your chances of success in court.
Disability discrimination occurs when an employer or other entity covered by the Americans with Disabilities Act, the Rehabilitation Act or the New York State Executive Law, treats a qualified applicant or employee with a disability unfavorably because of their disability. In addition to these laws, The New York City Human Rights Law, which is one of the most comprehensive civil rights laws in the nation, also prohibits discrimination in employment, based not only on a person’s actual disability, but also a person’s perceived disability, (in addition to a person’s race, color, creed, age, national origin, alienage or citizenship status, gender, sexual orientation, marital status, and partnership status).
Discrimination laws in New York prohibits disability-based harassment, and states that employers may be liable for workers’ harassing and/or discriminatory behavior if the harasser is a supervisor, or if the employer knows (or should have known) that the harassment was occurring.
A “reasonable accommodation” is an adjustment of workplace procedures or a provision of devices that allow a disabled worker to perform a job. For example, the employer could allow the worker to take extra breaks, or provide objects such as wheelchair ramps.
The Laws protections apply to job application procedures, hiring, advancement, termination, job training, and any other terms, conditions, and privileges of employment. Discrimination may include, among other things:
After making a job offer, an employers can require the employee to take a medical examinations only if all applicants (regardless of disability) are required to take the same examination and the examination is treated as a confidential medical record.
Each disability discrimination case is different, and needs to be examined based on its particular context and circumstances. Nevertheless, here are some examples of situations that would constitute unlawful disability discrimination:
If you have faced situations similar to the ones above, or believe that you have been illegally discriminated against in any other way, contact the Akin Law Group immediately to schedule your free consultation with a disability discrimination lawyer.
There are limits to how far an employer must go to accommodate disabled workers. Accommodations must be “reasonable” – that is, they may not unreasonably disrupt business or pose an undue financial burden on the employer. The concept of “reasonable” is a subjective one, and depends on factors such as the employer’s financial condition and size. If, for example, an employer is under particular financial strain, it may claim that an accommodation poses an undue hardship to the business, even if that accommodation is objectively reasonable. Generally speaking, larger employers are expected to provide better accommodation than smaller ones.
No one should be treated unfairly because of a disability. If you feel you have been discriminated against because of your actual or perceived disability, contact the Akin Law Group as soon as possible. Our disability discrimination lawyers can help you better understand your rights, and give you an idea of what you should do next. Call the Akin Law Group at 212-825-1400 or complete the contact form on this page to schedule a free consultation with an experienced disability discrimination lawyer.