Gustavo Juarez is a skillful New York employment lawyer at Phillips & Associates. He strongly believes in workplace fairness. If you are facing discrimination based on a disability or another immutable trait, Mr. Juarez is ready to advocate for you.
Mr. Juarez graduated with a Bachelor of Arts in Global and International Studies from the University of Kansas. While there, he participated in Phi Alpha Delta Law Fraternity International. He attended Benjamin N. Cardozo School of Law, where he participated in the Latin American Law Student Association,the National Cultural Heritage Law Moot Court Competition, and received Honors as a Howard M. Squadron Fellow. He also served as a legal intern for the Taxi and Limousine Commission of New York and the Instituto Federal de Telecomunicaciones. Mr. Juarez has served as a law clerk at other firms in the areas of immigration, real estate, and corporate law. He is a fluent Spanish speaker.
One of the areas in which Mr. Juarez represents New York City workers is disability discrimination. Federal, state, and local laws forbid disability discrimination on the job. Workplace disability discrimination happens if an employee or job applicant who has a disability experiences a negative employment action that they would not face if they did not have a disability. For example, if you were not hired for a customer-facing position solely because you are in a wheelchair, this is disability discrimination. You can also face disability discrimination if you have a record of being disabled or if you are perceived to possess a disability. For example, if you have a history of cancer that is in remission, but your employer decides not to promote you because it perceives you as being disabled, this would be disability discrimination.
Similarly, harassment is one form of discrimination. If you are able to establish that you were harassed based on your disability, such that a hostile work environment was created, you may be able to recover damages for hostile work environment harassment.
The Americans with Disabilities Act (ADA) is the federal law that prohibits disability discrimination. The ADA defines a disability as a physical or mental impairment that substantially restricts one or more major life activities of an individual. Employers are covered by the ADA when they have a minimum of 15 employees.
The New York State Human Rights Law and the New York City Human Rights law also forbid disability discrimination. The former applies to employers with a minimum of four employees. It defines a disability as a medical, mental, or physical impairment resulting from neurological, genetic, physiological, or anatomical conditions that prevents the exercise of a normal bodily function or that is demonstrated by medically accepted laboratory or clinical techniques. You can also have a disability under this law if you have a record of this type of impairment or if others perceive you as having this type of impairment.
If you are disabled but qualified to do a job, and your employer is covered under federal, state, or local laws, you may be able to ask for a reasonable accommodation. A reasonable accommodation is any change to the workplace or how things are done in the workplace to make it possible for a qualified person to do the job. For example, the installation of a wheelchair ramp might be a reasonable accommodation. Providing materials in Braille might also be a reasonable accommodation. Under the New York City Human Rights Law, an employer is supposed to provide reasonable accommodations to meet the needs of employees with a psychological, mental, medical, or physical impairment, or a history or record of this type of impairment, except if doing so would create an undue hardship for the employer. Federal, state, and local laws may differently conceptualize what an undue hardship would be, and it can be helpful to consult an attorney even before asking for the reasonable accommodation.
If you have faced discrimination or harassment when interviewing for a job or at your workplace, you should call Phillips & Associates. Gustavo Juarez or another attorney can discuss your situation in detail and determine whether you have a basis for filing a claim under the applicable local, state, or federal laws. Call us at (212) 248-7431 or complete our online form for a free consultation.
45 Broadway, Suite 620,
New York NY, 10006