Question

How Can I Tell If I Have A Disability Discrimination Claim In New York?

Sponsored Answer
Steven Fingerhut - Employment & Labor - Super Lawyers

Answered by: Steven Fingerhut

Phillips & Associates, Attorneys at Law PLLC
New York, NY
Phone: 212-248-7431
Fax: 212-901-2107

View Profile
Answer

Several laws protect disabled citizens in New York, including the federal Americans with Disabilities Act (“ADA”), the New York State Human Rights Law (“NYSHRL), and the New York City Human Rights Law (“NYCHRL”). To bring a disability claim, you must meet the key elements under one of these laws. These laws protect individuals from employment discrimination, housing discrimination, and reasonable accommodation discrimination. 

Although the ADA, NYSHRL, and the NYCHRL share many similarities, they define disability slightly different. Under the ADA, you have a disability if you: 

  • Have a physical, medical or mental impairment that limits some activity of daily living (like seeing, walking or learning); or
  • Have a history of a disability (such as cancer that is currently in remission); or
  • Are believed to have a physical or mental impairment that is not minor or passing (whether or not you have the condition). 

Under the New York law, you must have a mental or physical condition that impairs a body function, which regular medical testing can confirm, and you have a record of such condition, or people believe you to have such a condition.  The NYCHRL provides even more protection and may apply to your claims if you live or work in New York City. 

Employment Discrimination and Disability

People with disabilities face discrimination in many areas of life, including the workplace. Discrimination against someone based on a disability violates the law. Examples of discrimination may include: 

  • Negative comments about the employee’s ability to do the job
  • Negative comments about the employee’s disability
  • Refusing reasonable accommodations
  • Refusing to give time off for medical appointments
  • Bullying or harassing the employee
  • Refusing to hire or promote someone because of their disability

The ADA, New York State Human Rights Law, and New York City Human Rights Law require employers to provide reasonable accommodations to someone with a disability. The law does not require the employer to provide an accommodation if they would undergo an undue hardship, although the employer would have the burden of showing the requested accommodation poses an undue hardship. 

Employers can often accommodate employees for little or no expense. Examples of typical accommodations include:

  • Modified work schedule
  • Modified work environment
  • Accessible workspace and bathrooms
  • Accessible training facilities or equipment 

The required accommodation depends upon the person and the disability. It is important to keep in mind that the employee must be able to perform the essential functions of the job with the accommodations. 

Reasonable Accommodation

The ADA requires employers to provide reasonable accommodations for employees with disabilities. Prior to the ADA, many New York employees were discriminated against due to disabilities. 

Despite the law, some employers still fail to provide reasonable accommodation or retaliate against disabled employees who seek reasonable accommodation to facilitate their employment. Such retaliation is against the law and can result in employers facing civil sanctions in addition to the penalties for failing to comply with the ADA. 

As a person with a disability, you may face obstacles every day. If you still face discrimination from employers, contact a discrimination attorney to help you fight for your legal rights. 

Disclaimer: The answer is intended to be for informational purposes only. It should not be relied on as legal advice, nor construed as a form of attorney-client relationship.

Other Answers About Discrimination

Discrimination

What Rights Do I Have As A Pregnant Employee In New York?

Pregnancy is an exciting time for most women, but if you are a working, expectant mother, you may worry about how your employer will react to your …

Sponsored answer by Marjorie Mesidor

Discrimination

Can I Sue New York City For Racial Discrimination in New York?

Suing a public entity like the city of New York includes many legal hurdles, but it can be done. Not only is the city subject to federal and state …

Sponsored answer by Jessica Massimi

Discrimination

Can my New Jersey employer discriminate against me because I use medical marijuana?

The push to legalize marijuana for medical purposes has spread across the nation. The majority of states now allow the use of marijuana with a valid …

Sponsored answer by Kevin M. Costello

Disclaimer:

If you send a lawyer or law firm email through this service, your email will not create an attorney-client relationship and will not necessarily be treated as privileged or confidential. You should not send sensitive or confidential information via this email service. The lawyer or law firm to whom you are writing may not choose to accept you as a client. Moreover, as the Internet is not necessarily a secure environment it is possible that your email sent via the Internet might be intercepted and read by third parties. Super Lawyers will not retain a copy of this message.

Page Generated: 0.46377897262573 sec