Phillips & Associates

Yonkers Disability Discrimination

Legal Guidance for Yonkers Residents Mistreated in the Workplace

About 15% of the population between the ages of 18 and 64 in the City of Yonkers has a disability. About 2% of the Yonkers population between the ages of 18 and 64 has cognitive difficulties. About 5% of the population between the ages of 18 and 64 has ambulatory difficulties. Prior to the enactment of anti-discrimination laws, workers with disabilities had a challenging time getting or keeping work. Employers may harbor biases against workers with medical conditions or disabilities. Federal and state laws prohibit disability discrimination in the workplace. Disability is defined differently under each law, but often the same conditions qualify as disabilities. You may be able to get a reasonable accommodation for a disability. If you have been a victim of disability discrimination, or you were denied a reasonable accommodation, you should consult the Yonkers disability discrimination lawyers at Phillips & Associates.

Laws Prohibiting Disability Discrimination

The Americans with Disabilities Act (ADA) is the main federal law that prohibits workplace disability discrimination. The Equal Employment Opportunity Commission (EEOC) enforces the ADA, and if you want to bring a federal claim for disability discrimination, you will need to first file a charge with the EEOC. The ADA defines a disability as any mental or physical impairment that substantially restricts a major life activity. A major life activity encompasses activities such as breathing, talking, concentrating, caring for oneself, speaking, seeing, or moving. The ADA also provides protection if you have a history of impairments or others perceive you as having a condition that is an impairment.

The definition under the New York State Human Rights Law includes medical, physical, or mental impairments arising out of genetic, neurological, anatomical, or physiological conditions that stop the body from working normally or that can be revealed through medically accepted diagnostic techniques.

If your employer is covered and treats you adversely, even though you are protected because of your disability, and you are denied equal benefits or opportunities in comparison to non-disabled employees, a disability discrimination attorney in the Yonkers area can help you bring a claim. For example, if your employee does not want to promote you into a customer-facing position because you are in a wheelchair, this would be disability discrimination. For another example, if your coworkers and supervisor mock your chronic fatigue syndrome, this may create a hostile work environment. Harassment is a form of discrimination.

Reasonable Accommodations

Many qualified disabled workers would be able to perform their jobs if they obtained a reasonable accommodation. A reasonable accommodation is a change in how things are done in the workplace that permit a job applicant to apply for a job or a disabled employee to hold a job. Reasonable accommodations can include changes to schedule, changes in shifts, alterations to breaks, provision of equipment, and changes to the physical environment. For example, if you have cancer, a reasonable accommodation might include changing your schedule so that you can obtain medical care for cancer. A Yonkers age discrimination attorney can advise you on what a reasonable accommodation might look like in your case.

An employer that would face an undue hardship if it provided a reasonable accommodation can deny it. Generally, employers should talk with you about your disability to determine whether there is a reasonable accommodation that would not present an undue hardship, rather than categorically denying your request for a reasonable accommodation. Your employer can choose a reasonable accommodation that would suit it even if it is not your requested accommodation. It is a protected activity to ask for a reasonable accommodation. Your employer is not allowed to retaliate against you for requesting the reasonable accommodation.

The ADA and the New York State Human Rights Law may not be applied the same way when determining whether there is an undue hardship. The factors to be considered under the New York State Human Rights Law when deciding whether there is an undue hardship include the cost and quality of the accommodation that is necessary, the size and budget of the employer, and the type of operations being carried out by the employer.

Hire a Knowledgeable Disability Discrimination Lawyer in Yonkers

At Phillips & Associates, our experienced attorneys help people who have faced disability discrimination under federal or state laws. If you believe that you have been a victim of discrimination, harassment, retaliation, or a wrongful termination based on your disability, contact us at (212) 248-7431 or through our online form to set up a free consultation.

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