Westchester County Disability Discrimination Lawyer

Westchester County Attorneys Fighting for Your Workplace Rights

Westchester County had an estimated population of 980,000 residents as of 2017. It is home to the headquarters of many Fortune 500 companies, many of which employ people with various physical or mental health conditions. Federal and state laws forbid disability discrimination. These laws define the concept of disability differently and have other differences, but there are many impairments and medical conditions that qualify as disabilities and warrant seeking a reasonable accommodation. If you have been a victim of disability discrimination, you should consult the experienced Westchester County disability discrimination lawyers at Phillips & Associates, a firm that is committed to fighting for the rights of disabled workers to be treated fairly on the job.

Many employees in Westchester County work in large corporate offices in White Plains or commute into New York City, while others are employed by smaller local businesses, school districts, or health care providers. No matter where you work, you are entitled to be judged on your abilities, not on myths or fears about a medical condition, and you should not have to choose between your health and your job. When you reach out to a disability discrimination attorney Westchester County workers can turn to for guidance, we can evaluate how federal, state, and sometimes local laws such as the New York State Human Rights Law and Westchester County Human Rights Law might protect you and help you decide on the next steps, whether that involves internal complaints, filing with an agency, or bringing a lawsuit.

Disability Discrimination Defined Under the Law

The primary federal law prohibiting disability discrimination is the Americans with Disabilities Act (ADA). The Equal Employment Opportunity Commission (EEOC) enforces the ADA. Under the ADA, a disability is defined as a physical or mental impairment that substantially limits one or more major life activities. You are also protected if you have a record of such an impairment or if you have any sort of condition perceived by others as an impairment. What is a "major life activity?" It can be an ordinary activity, like caring for self, focusing, reading, breathing, moving, seeing, or speaking. It could also include the operation of body parts or neurological functions.

The New York State Human Rights Law defines disability slightly differently, but in many cases, there is an overlap between what the ADA sees as a disability and what the state law sees as a disability. Under state law, disabilities are impairments, whether medical, mental, or physical, if they are based on neurological, genetic, physiological, or anatomical conditions, prevent normal functioning of the body, or can be shown with medically accepted diagnostic methods. A disability discrimination attorney can assist Westchester County residents with determining whether this definition covers them.

Disability discrimination occurs under state law when covered employers treat qualified disabled employees adversely because of their disability, denying them equal opportunities and benefits as compared to employees who do not have disabilities. For example, if your cancer is in remission, but your employer does not want to promote you in case you have a relapse, this may be disability discrimination. For another example, if your supervisor and coworkers regularly make fun of your wheelchair and make jokes about disabled employees, this hostile work environment harassment may also be a form of disability discrimination.

Many employees are unsure whether what they are experiencing is unlawful discrimination or simply unfair treatment. In some situations, the distinction can turn on details such as whether the employer regarded you as disabled, whether your condition meets one of the legal definitions of disability, or whether the conduct was severe or pervasive enough to create a hostile environment. A disability discrimination lawyer Westchester County workers consult early in the process can help you document incidents, preserve emails or performance reviews, and decide whether to report the conduct internally, file with the New York State Division of Human Rights or the EEOC office that serves Westchester County, or pursue another route based on your goals and the facts of your case.

Reasonable Accommodations for Disabilities

If you are a disabled employee, you may have a right to ask for a reasonable accommodation under either federal or state law. Reasonable accommodations are alterations in procedures and practices in the workplace that would allow a disabled job applicant or disabled employee to apply for or do the job. For example, if you are diabetic, a reasonable accommodation might include allowing you to take breaks to eat a snack to maintain your blood sugar levels or a modification to your schedule to allow you to see your doctor. A reasonable accommodation for a blind employee might include having certain materials provided in Braille. Our Westchester County disability discrimination attorneys can help you determine what a reasonable accommodation might look like in your situation.

In practice, reasonable accommodations can range from small scheduling changes to more substantial modifications of equipment or job duties, depending on what you need to perform the essential functions of your position. Employees in office settings in White Plains or Yonkers may request options like remote work, ergonomic chairs, modified attendance policies, or screen-reading software, while employees in hospitals, warehouses, or schools might seek temporary reassignment, assistance with lifting, or adjustments to shift patterns. We can help you think through how your medical limitations affect your workday and frame a clear, written request so that your employer has the information it needs to start the interactive process and so there is a record if the company later denies your request or treats you differently because you asked for help.

An employer is allowed to deny you a reasonable accommodation if providing it would pose an undue hardship. However, an employer does not need to give you the precise accommodation that you have requested. Instead, the employer is entitled to ask you some questions and engage in a dialogue with you about your disability to determine which accommodation it could give you that would address your disability and also be feasible for the employer. Your employer should not discriminate or retaliate against you for asking for a reasonable accommodation.

What counts as an undue hardship? This may be different under federal and state laws. Under state law, all relevant factors in determining whether an accommodation causes an employer an undue hardship can be considered, including the business or enterprise's size and budget, the nature of the operations that the business handles (including the composition of the work force), and the cost and nature of the accommodation that is needed.

Taking Action After Disability Discrimination in Westchester County

Once you recognize that you may have been subjected to disability discrimination, it can be difficult to know what to do next or how quickly you need to act. Many workers worry about losing their jobs, damaging their reputation, or making things worse if they speak up, especially if the discrimination is coming from a supervisor or long-time manager. In New York, strict filing deadlines can apply to claims brought before the EEOC, the New York State Division of Human Rights, or in court, so it is important to get information about your options as early as you can. We can help you understand how those deadlines may apply to your situation based on where you work in Westchester County and whether your employer is covered by federal or state law.

When we meet with you, we typically start by discussing your job duties, your medical condition, and the history of your employment, including any past performance reviews, accommodations, or complaints. We will ask about specific incidents, such as comments that were made, schedule changes, demotions, terminations, or failures to promote, and we may suggest that you gather documents like handbooks, emails, text messages, or notes from meetings. If appropriate, we may also talk with you about internal complaint procedures, union rights if you are covered by a collective bargaining agreement, and where your case might be heard, whether that is in a local federal court serving Westchester County or a state court in White Plains. Our goal is to give you a clear picture of your options so you can decide whether to pursue an internal resolution, an administrative charge, or a lawsuit, and what each path might mean for you and your family.

Contact a Disability Discrimination Lawyer in Westchester County

At Phillips & Associates, we help clients who have faced many forms of disability discrimination in Westchester County. When you contact us, we can review where you work, what has happened, and what deadlines may apply based on whether your claims fall under federal law, New York State law, or local protections that apply in Westchester County and neighboring communities. 

We understand that many employees in this region split their time between offices in Westchester and Manhattan or other parts of the New York metropolitan area, and we consider how that affects where you may file a charge or lawsuit. In your initial consultation, we also discuss practical concerns such as how to handle ongoing interactions with your supervisor or human resources department, steps you can take to protect yourself from further retaliation, and what documents or medical records may be helpful for us to review as we evaluate your potential claims.

If you believe that you have suffered from disability discrimination, you should contact us at (866) 229-9441 or through our online form to set up a free consultation. We also represent clients in Yonkers, Mount Vernon, New Rochelle, and White Plains.