Erica L. ShnayderSenior Associate
Erica L. Shnayder is a New York City employment discrimination lawyer. Prior to joining Phillips & Associates, Ms. Shnayder was an associate with the Arce Law Group. She graduated magna cum laude with a Bachelor of Arts from Syracuse University. While obtaining her Juris Doctorate from American University, Washington College of Law, Ms. Shnayder served as a Senior Editor of the American University International Law Review. She graduated cum laude in 2012. Ms. Shnayder is admitted to practice in New York and New Jersey, as well as before the Southern District of New York, the Eastern District of New York, the Northern District of New York and the District of New Jersey.
Ms. Shnayder is committed to workplace rights and civil rights litigation and believes that all employees deserve dignity and respect in an environment free from harassment and discrimination. She is a passionate litigator who derives great personal satisfaction from making a difference for her clients. Ms. Shnayder has obtained significant awards and settlements for her clients. Notably, Ms. Shnayder obtained a $4.25 million verdict against New York Presbyterian Hospital which was the highest employment law verdict of 2014. In 2015 and 2016, Ms. Shnayder was named a “Rising Star” by New York Super Lawyers* for her work in Plaintiff’s employment litigation. Ms. Shnayder was also recognized as a “Top 40 Lawyer Under 40” by the American Society of Legal Advocates. Ms. Shnayder’s cases have been featured in various news outlets included The New York Times, The New York Post, and The Daily News. Ms. Shnayder lives in New Jersey where she enjoys spending time with her family, playing sports and hiking with her dog.
Disability discrimination is one form of discrimination that is prohibited under federal, state, and local laws. It occurs if a covered employer treats a job applicant or employee differently because they have a history of disability or because the employer believes that the individual has a physical or mental impairment that is not transitory and minor. Under the federal Americans with Disabilities Act (ADA), employers that have 15 or more employees are not allowed to discriminate against people with disabilities. Employers may not hire, terminate, demote, fail to promote, or provide different salaries based on an actual or perceived disability.
Employers also may not discriminate against job applicants and employees because they have a relationship with someone who has a disability, even if the applicant or employee does not have a disability. For example, an employer may not refuse to hire someone because their spouse suffers from paralysis.
Prohibited disability discrimination includes not only obvious and direct discrimination but also any actions or omissions that unintentionally deny people with disabilities equal access to job opportunities that are available to people without disabilities. Moreover, job applicants and workers with disabilities are entitled to reasonable accommodations if providing an accommodation would not impose an undue hardship on the employer.
New York and New York City laws also make it illegal to discriminate against job applicants and employees with actual or perceived disabilities. They cover smaller employers and may offer more protection than the ADA does.
If you believe that you have been a victim of sexual harassment or any other discrimination, whether based on a disability or on any other trait covered by a federal, state, or local law, you should follow your employer's internal complaint process for reporting discrimination, which may be spelled out in detail in your employment handbook. You should also keep written records of any incidents of discrimination and complaints, and when making an internal complaint to your employer, you should memorialize it in writing. Although you might feel anxiety about reporting discrimination internally or to an external agency, you should be aware that it is illegal for your employer to retaliate against you because you opposed an unlawful practice, filed a charge or lawsuit, or testified or otherwise assisted in a discrimination investigation or case.