Disability Discrimination and the EEOC

Dedicated Employment Lawyers Fighting for New York City Workers

The Americans with Disabilities Act (ADA) is the federal law that prohibits disability discrimination. The Equal Employment Opportunity Commission (EEOC) enforces the law, and it provides guidance about what constitutes disability discrimination, as well as what is considered a "reasonable accommodation" under the ADA. If you are concerned about disability discrimination and the EEOC, the experienced New York City disability discrimination lawyers at Phillips & Associates may be able to help you understand your rights and represent you in litigation.

Disability Discrimination and the EEOC

Workplace disability discrimination occurs if you are treated adversely by an employer because you have a covered disability. It can also happen if an employer treats a job applicant or employee unfavorably due to a perceived disability or a history of disability, or because you have a physical or mental impairment that is not transitory. You are also protected if your spouse has a disability; your employer may not discriminate against you due to your spouse's disability.

Types of Disabilities

Not everybody who has some sort of medical condition is protected under the ADA. You need to have a disability that meets the ADA definition. There are three ways that you can show that you have a disability:

• You have a physical or mental condition that substantially restricts a major life activity.
• You have a history of disability; or
• You are believed to have a physical or mental impairment that is not transitory and minor, even if you do not actually have it.

Additionally, the New York State Human Rights Law and the New York City Human Rights law have their own broader definitions of what can be considered a disability. You may be considered disabled under the State or City Law, even though you are not considered disabled under the federal law. It’s important to speak to an employment law firm to help understate the differences in the laws.

Discrimination

Your employer cannot discriminate against you with regard to any term or condition of employment. You should not be faced with discrimination through termination, hiring, job assignments, promotions, layoffs, or benefits. For example, an employer is not allowed to not hire you because you are in a wheelchair. Similarly, if you acquire a disabling form of cancer, your employer cannot disregard you for promotions or training.

Harassment

Under the ADA, it is illegal to harass a job applicant or employee due to a disability, a history of disability, or a perceived disability. A harasser could be a supervisor, manager, coworker, client, or customer. A minor, isolated incident is not actionable harassment. Instead, harassment consists of serious offensive remarks, actions, or gestures about someone else's disability. The harassment must be so severe or so frequent that it generates a hostile work environment, or else it must result in an adverse job decision, such as termination or demotion. Again, the standard for a hostile work environment is lower under the New York City Human Rights Law. An employment law firm can analyze the workplace harassment you are experiencing to see if the hostile work environment is actionable.

Reasonable Accommodations

Under the ADA, your employer must provide you with a reasonable accommodation if you are a qualified applicant or employee with a disability unless doing so would trigger an undue hardship. A reasonable accommodation needs to be provided, assuming that you are qualified, whether you are working part-time or full-time, and even if you are considered probationary. However, you need to let the employer know that an accommodation is necessary.