New York disability discrimination attorneys see more and more lawsuits each year. If you have experienced disability discrimination at work, you may benefit from speaking with a seasoned New York disability discrimination law firm like Leeds Brown.
Despite various laws prohibiting discrimination, the Equal Employment Opportunity Commission handles thousands of disability discrimination complaints. Disabled workers are some of New York’s best, and they deserve the same treatment as everyone else. If you are a disabled worker, you should not have to worry about losing your job or your benefits because of your condition. Learn about your rights as a disabled worker by contacting Leeds Brown, your experienced New York disability discrimination attorneys.
The Americans with Disabilities Act (ADA) was enacted in 1990 by congress and protects disabled individuals from discrimination and harassment in the workplace. The ADA applies to all private sector employers with 15 or more employees. The ADA prohibits discrimination against an individual with a disability. Disability is defined as a “physical or mental impairment that substantially limits one or more major life activities of such individual; a record of such impairment; or being regarded as having such impairment.”
New York State Human Rights law provides similar protections as the ADA but applies to private sector employees with 4 or more employees.
It is important to note that NYSHRL does not make mention of major life activities for a person to be protected under state law. Instead, New York law requires that a person have a physical, mental or medical condition that prevents the exercise of a normal bodily function.
The ADA and NYSHRL both require that employers make reasonable accommodations for qualified disabled individuals.
The acts prohibit discrimination against qualified individuals with disabilities in all areas of employment including:
In order to be protected by the ADA, you must show that you are a qualified person with a disability. In order to do this, you must show that you are (1) qualified to do the job and (2) that your disability substantially limits a major life activity.
To show that you are qualified you must prove that you are able to perform essential functions of the job without any special accommodations.
To show that your disability limits a major life activity is a bit more complicated. Major life activities tend to be broadly defined and include things like walking, seeing, hearing and breathing. Major life activities also include major bodily functions like digestion, circulatory, respiratory, cardiovascular, and brain.
You must demonstrate that your disability substantially limits one of the life activities. This is done by comparing your abilities with those of the general population. This might require testimony or records from a doctor or other expert who can help explain your limitations.
Remember, NYSHRL is broader than the ADA and covers more workers and employers. It is important that you have a disability discrimination attorney who understands both bodies of legislation.
If you are protected by disability legislation, your employer may be required to make reasonable accommodations for your job. What does this mean? Each case is different and employers often try to argue that “reasonable” is very narrow. Essentially, a reasonable accommodation is a modification to the job, workplace environment or policy that allows a qualified disabled employee to obtain or continue in an employment opportunity.
Some examples of reasonable accommodations may be:
Making a request for a reasonable accommodation can be stressful. It is even more so when your request is denied and you are faced with the loss of your job. Choosing the right disability discrimination lawyer is important. You want expert New York City disability discrimination attorneys to fight for your rights and Leeds Brown has them
Leeds Brown is a full-service employment law firm with decades of experience advocating for disabled individuals in New York, Long Island and New Jersey. We are familiar with all of the federal and local laws that govern disability discrimination and understand the complexities of disability cases. Whether in New York City, Long Island, elsewhere in New York State –– we may be able to help.
Our compassionate and professional team is on call 24 hours a day to provide guidance if you are facing discrimination. Call Leeds Brown at 1-800-585-4658.