Workplace Discrimination Based on Disability is Prohibited; Assert Your Rights
Attorneys Protect the Rights of Employees with Disabilities Experiencing Unlawful Workplace Discrimination
In New York City and the surrounding areas, employment lawyers like the ones at Leeds Brown Law P.C., represent victims of workplace discrimination. State and federal laws protect workers from discrimination in all areas of employment because of various characteristics.
The Americans with Disabilities Act (ADA) is the federal law makes it unlawful for an employer to discriminate against an individual with a disability. The law applies to employers with 15 or more employees. New York State Human Rights Law (NYSHRL) also makes it unlawful to discriminate against an employee or job applicant because of a disability but applies to employers with 4 or more employees. The laws require that an employer makes a reasonable accommodation for a disabled individual as long as doing so does not impose an undue hardship.
When does workplace discrimination occur? An employee with a known or perceived physical or intellectual disability may be denied a job for which he is completely qualified. An employer may refuse to grant a reasonable accommodation to someone because she is hearing impaired. An employee may be harassed or denied opportunities because of a disability. When any of these situations occur, the victim may be entitled to file a discrimination claim or lawsuit and receive monetary compensation in addition to other appropriate relief.
Lawyers at Leeds Brown have been fighting for decades to enforce employment rights in New York and across the country. Our attorneys are passionate about the work we do and go to great lengths to see that the courts hold businesses accountable when they unlawfully discriminate against employees with disabilities.
If an employer, prospective employer or recruiter has refused to grant you reasonable accommodation, unlawfully terminated your position or discriminated against you in any other way because of your disability, speak with someone at Leeds Brown. Find out what you can do to protect your rights and receive equal opportunity and treatment as the law requires.
What Does Unlawful Disability Discrimination Mean?
Under the ADA and according to the Equal Employment Opportunity Commission (EEOC), it is unlawful to discriminate against someone with a disability in any area of employment. An employer may not make an employment decision based on an individual’s disability, meaning an employer may not discriminate when firing, hiring, compensating, assigning job duties, training, promoting, providing benefits or laying off employees.
An employer or prospective employer has an obligation to provide a disabled individual with a reasonable accommodation if needed. In other words, if the employee or applicant can perform the job or tasks with a reasonable accommodation, the employer must provide it as long as it does not impose an undue hardship. A reasonable accommodation may include the following:
- Rearranging a work schedule to allow employee to work from home
- Raising a desk to accommodate a wheelchair
- Modifying job duties or tasks
- Making alterations to an application such as large print
- Arranging for an interpreter to communicate with a hearing-impaired applicant
- Installing a ramp to enter the bathroom
- Allowing an aid to assist an applicant fill out forms
- Reallocating work
Examples of Employment Discrimination Because of Disability
If you have a disability and have experienced any of the following, you may have a claim for unlawful workplace discrimination.
- Refusal of a reasonable accommodation
- Denial of a job for which you are qualified and able to do with or without an accommodation
- Treatment that is different from non-disabled employees
- Harassment, bullying, threats or teasing by co-workers because of your disability
- Denial of a promotion due to your disability or perceived limitations
- Unfair impact of a company policy on you because of your disability
Employment discrimination attorneys at Leeds Brown can help determine if the discrimination you have experienced because of your disability, in the workplace or as an applicant, is unlawful under the ADA or NYSHRL. We can help you obtain an accommodation, employment, and monetary damages after being the victim of discrimination.
EEOC Cases Demonstrate Discrimination in the Workplace
The following situations are from actual cases of employment discrimination processed by the EEOC:
- A hospice nurse employed with a health care company had to visit several nursing homes each day, requiring a considerable amount of driving. The driving exacerbated her high blood pressure (hypertension). The company refused to grant the nurse’s request for reassignment and the EEOC charged that it failed to provide reasonable accommodation. The health care company agreed to pay over $60,000 and revise its reasonable accommodation policy.
- The EEOC charged a company with violating the ADA when it failed to provide reasonable accommodation to a hearing impaired individual. The hearing impaired person requested a sign language interpreter to assist with the completion of pre-employment training and orientation. The company’s policy or practices did not allow the use of interpreting services costing more than $200.00. A Federal Judge ruled for the employee.
- An employee with over 35 years of tenure as a supervisor for a print screen business, was selected for layoff based on having kidney disease and diabetes. The company put him on the layoff list shortly after the employee revealed that he needed to begin dialysis. The company agreed to pay the worker $24,000.
- A job applicant alleged that she applied for a cook position at an assisted living facility. The manager informed her that she needed to pass a drug test before starting work. The applicant failed the drug test because of her epilepsy medication, and as a result did not get the job. The employer agreed to pay the applicant $80,000, “train all employees and managers on disability law, implement anti-discrimination policies on interviewing and hiring, and make annual reports to the EEOC for three years.”
Experienced professionals at Leeds Brown, concentrating on employment law in Long Island and New York, are available to help you pursue relief under the laws that prohibit disability discrimination in the workplace. If you have a physical or mental impairment and have been
- terminated because your employer refused to grant you a reasonable accommodation,
- harassed or bullied,
- denied a job for which you are qualified,
Seek help from lawyers who care. At Leeds Brown, our attorneys love what we do, and it shows in our dedication to our clients. We take a hands-on, team-based approach to employment discrimination cases, which means clients receive personal service from concerned advocates who believe in equal rights for all workers.
You can reach someone at Leeds Brown 24/7 by calling 1-800-585-4658. Find out if you have the right to recover monetary damages for your workplace disability discrimination claim before time runs out.