New York State Disability Discrimination Laws

Around 181,600 people who reported disabilities were in the New York labor force as of 2017. This figure included not only those who were employed, but also those jobless workers actively seeking jobs. It did not include those who had stopped searching. Sadly, disability discrimination on the job is a common type of workplace discrimination. However, as a disabled worker, you have rights. Federal, state, and local laws prohibit disability discrimination. They provide some similar protections, but there are certain nuanced differences between the kinds of relief you can seek under these laws, and when you can seek it. It is crucial to call the trusted New York State disability discrimination lawyers of Phillips & Associates if you have been treated adversely due to a disability. We seek best results for disabled workers subject to unfair treatment in the workplace because of their physical or mental impairments. We’ve won more than $110 million in settlements and awards for our clients.

Disability discrimination occurs whenever a job applicant or employee is treated adversely based on his or her disability, whether that impairment is mental and emotional, or physical, or both. It can involving failure to hire, termination, failure to train or provide other job opportunities, disparate pay, or other actions taken on the basis of your disability. It also includes failure to provide a reasonable accommodation when providing that accommodation would not present an undue hardship.

The federal law that prohibits disability discrimination is the Americans with Disabilities Act (ADA). Disability discrimination is also prohibited under the New York State Human Rights Law and the New York City Human Rights law. These laws define “disability” differently and there are other differences between these laws as well, making it crucial to consult a seasoned New York lawyer who handles disability discrimination lawsuits.

Under the New York State Human Rights Law, disabilities are physical conditions, medical conditions, and mental impairments arising out of anatomical, physiological, genetic and neurological conditions that prevent your normal exercise of bodily functions or that can be discovered through medically or clinically accepted diagnostic methods. Our New York State disability discrimination lawyers may be able to file a lawsuit if you have a record of such impairment, or even if you’re perceived at work as having a disability, even though you don’t actually have one.

Reasonable accommodations are alterations to how things are done in the workplace or your work environment that allow you to do your job as a qualified individual. To receive a reasonable accommodation under the state law, you must not only meet the definition of disability, which is expansive, but also be qualified for the job. A prospective employer can deny you a job if you are disabled, but simply don’t have the educational background to do the work. However, it can be difficult to know you have a claim, which is why it is crucial to give our disability discrimination lawyers serving New York State a call.

Your employer should consider a reasonable accommodation if it knows of your disability along with your need for an accommodation. You can also expressly request a reasonable accommodation because of your disability. For example, if you need a different rest break schedule to take a medication for a chronic, disabling condition, this would be an accommodation.

Your employer does not need to provide an accommodation if to do so would present an undue hardship.. There are a range of factors that go into determining whether an employer has an undue hardship. Generally, a minor expense is not considered an undue hardship. However, your employer is entitled to provide you with a different accommodation than the one you request.

You should not be retaliated against for exercising your right to request a reasonable accommodation or engaging in any other protected right, such as filing a complaint with HR or filing a charge with the EEOC. Retaliation occurs when an employer takes an adverse action based on engaging in a protected right, and in some cases, retaliation cases are more straightforward than an initial disability discrimination lawsuit.

At Phillips & Associates, our disability discrimination lawyers represent disabled workers harmed by bigotry at New York State workplaces. Call us at (212) 248-7431 or complete our online form. We know that it is terrifying to lose your job or reputation—we represent workers on a contingency fee basis and offer free consultations.