The New York State and New York City anti-harassment laws protect actual protected classes and perceived protected classes. So, for example, if you go out on leave because of a disability and then you come back, but now all of a sudden you're given fewer hours or treated differently, it's not that you are disabled anymore but you're perceived as disabled. You're perceived as broken or less than you were before you needed time off or surgery, for example. And although you are now not disabled, you are perceived as disabled, and that is illegal as well. Actual disability discrimination is where you are actually being told that “we're not giving you this job because you need time off” or “we're reducing your hours because you need time off” or “I'm sorry. After your surgery we're eliminating your position.” Those are examples of actual disability discrimination.
By
Phillips & Associates, PLLC
