Phillips & Associates

Long Island Disability Discrimination

Employment Attorneys Vigorously Advocating for Long Island Residents

Long Island had a total population of over 7.5 million residents as of 2010. Many people from Long Island suburbs commute to New York City via the Long Island Rail Road (LIRR), which is considered the busiest commuter railroad in the U.S. Both federal and state laws prohibit employers from discriminating against employees on the basis of a disability. Many different conditions count as disabilities, including medical conditions like diabetes and impairments such as paralysis. If you have been a victim of disability discrimination, you may be able to recover damages by bringing a lawsuit. At Phillips & Associates, our Long Island disability discrimination lawyers are dedicated to helping employees who have been hired, fired, demoted, not promoted, paid less, or otherwise treated adversely on the job due to their disabilities. There are no upfront fees. We are a contingency employment law firm. Call us today for a free consultation at (516) 365-3731.

Claims Based on Disability Discrimination

The Americans with Disabilities Act (ADA) and the New York State Human Rights Law both forbid employers from discriminating against employees on the basis of disabilities and require employers to provide reasonable accommodations to qualified workers with disabilities. These laws have some subtle differences.

The ADA is enforced by the Equal Employment Opportunity Commission (EEOC). It defines a “disability” as a mental or physical impairment that substantially restricts at least one major life activity, a record of this type of impairment, or a condition regarded by others as an impairment. A disability discrimination attorney can help Long Island employees determine whether they meet this definition. For example, Type 2 diabetes is a major physical impairment whereby your body does not process sugar as other people's bodies do. Bipolar disorder is a major mental impairment whereby you may not be able to regulate your mood and emotions in the way that other people do.

Meanwhile, the New York State Human Rights Law defines a “disability” as a physical, mental, or medical impairment arising out of anatomical, physiological, genetic, or neurological conditions that stop normal bodily functions or that can be demonstrated through clinical or laboratory techniques accepted by the medical community. Under the state law, you are also disabled if you have a record of such an impairment or are regarded by others as being impaired in this way.

Disability discrimination can include intentional acts by employers to deny disabled employees the same opportunities and benefits as they provide to people without disabilities. For example, an employer that refuses to hire anyone in a wheelchair to a management position because it sees a disabled employee as not being "management material" would be discriminating. However, disability discrimination can also occur as harassment or through a failure to provide a reasonable accommodation.

Reasonable Accommodations

A reasonable accommodation is a change in how things are done at work so that a disabled job applicant can apply for a job or a worker can do their job. For example, if you have chronic fatigue syndrome, reasonable accommodations might include rest breaks or an unpaid leave. A reasonable accommodation for a manager who is deaf might include having a person who speaks sign language come to translate a management meeting. Other accommodations might include reassignments, changes in schedule, or alterations to work policies.

As our Long Island disability discrimination attorneys recognize, a reasonable accommodation must be provided even if you are on a probationary period as an employee. The only reason why an employer could deny a reasonable accommodation is if it would pose an undue hardship. However, you are not necessarily entitled to exactly the type of accommodation that you are requesting.

After you ask for a reasonable accommodation, your employer is supposed to start an interactive process or dialogue whereby it can determine which accommodation would be appropriate. The process may include an inquiry into your disability for the purposes of assessing which accommodation would help you.

Whether providing the accommodation presents an undue hardship depends on how large the employer is, its financial resources, and its business operations. In some cases, an employer might claim that providing a reasonable accommodation presents an undue hardship in order to avoid hiring an applicant or promoting an employee, or in order to terminate an employee. If you suspect that your employer is not being honest, you should consult an experienced attorney about your options.

Contact a Knowledgeable Disability Discrimination Lawyer on Long Island

At Phillips & Associates, we fight all of the forms of employer misconduct on Long Island, including mistreatment of people who are dealing with disabilities. Contact us at (516) 365-3731 or through our online form to find out about your potential recourse.

PHILLIPS & ASSOCIATES
585 Stewart Ave #330
Garden City, NY 11530
Tel: 516-365-3731
Fax: 212-901-2107

Client Reviews
★★★★★
Hands down the best law firm for labor disputes in NYC. Being in the restaurant industry for more than 30 years I can say that this law firm is the number one choice for workers in the restaurant business that need to sue their company for wrongful termination. A special compliment to my lawyer Brittany Stevens. An amazing person and well prepared experienced lawyer. She was professional and empathetic to my case and worked in a time appropriate manner. She never miss a phone call at any hour of the day.The other associates that assisted Brittany were Yusha Hiraman, Eugenio Benvenuto, Kevin Guaranda and Katerina Housos. They were all professional and answered any questions or concerns that I had. Brittany and her team helped me with what I needed, when I needed it. I want to thank them all (especially Brittany), for a job well done. Massimo
★★★★★
Jesse Weinstein handled my discrimination case. He was extremely patient and understanding throughout the process and remained professional and consistent even when I could not. I really felt like he had my back and I didn't have to worry. His expertise, combined with the experience of the Firm, resulted in the best possible outcome of my case. Although I wouldn't wish what I went through on anyone, things do and always will happen and I would highly recommend Jesse and this Firm to anyone facing discrimination or other workplace issues. Karen
★★★★★
I was a client with this law firm. I can't stress enough how awesome and professional the people are here. Silvia & Erica made me feel so comfortable and welcome. I never had to guess anything. Anytime I call, emailed, or even texted. They were always there. If not they would get back to me as soon as possible. My case was not an easy situation for me but I tell you these guys made it seem like it was. I'm so glad that I use Phillip & Phillip. I thank you guys from the bottom of my heart. I am so grateful to have met such awesome, honest, and caring people. Thank you again. Djuana
★★★★★
I highly recommend Parisis (Gerry) Fillippatos with Phillips & Associates to represent you for employment related matters. He and his team were professional, attentive to every detail and brilliant at identifying the legal grounds to win the case. Parisis's communication and delivery were highly articulate and precise. He is personable and makes you feel comfortable in the maze of legal jargon. Finally, his confidence, perseverance and masterful negotiation skills deliver the win. Anonymous
★★★★★
I had an excellent experience with this team! Thanks, Marjorie, Brittany, and Candy for your great support and prompt answers to all my questions. I highly recommend this firm. This team works very hard and I am extremely happy with the results. Ana