The Americans with Disabilities Act (ADA) was enacted in 1990. Under the terms of the ADA, different forms of discrimination based on disability, are prohibited. While the ADA provides a number of protections that are similar in kind to protections afforded by the Civil Rights Act of 1964, the ADA defines disability and requires employers to provide “reasonable accommodation” for employees covered by the ADA. In general, under the terms of the ADA, any “physical or mental impairment that substantially limits a major life activity,” constitutes a disability. While this applies to physical impairment it also applies to mental conditions as well.
At the New York employment law office of Leeds Brown Law, PC, our disability attorneys have held countless employers responsible for violating the terms of the ADA. If you’ve been discriminated against due to a disability, contact disability law attorneys at Leeds Brown Law, PC today.
DETERMINING IF YOUR DISABILITY IS COVERED UNDER THE ADA
Employees are protected under the terms of the Americans with Disabilities Act if they are officially diagnosed with certain kinds of physical, medical, and psychological conditions. As a result, under the ADA, disabilities must be determined on a case-by-case basis. There are, however, a number of issues that should be taken into consideration in regard to certain kinds of physical and mental conditions. For example, an injury sustained at work that leads to disability may or may not qualify for protection under the ADA. Additionally, drug and alcohol addictions may not be covered, depending on the specific circumstances surrounding a case.
DOCUMENTING DISABILITY UNDER THE AMERICANS WITH DISABILITIES ACT
The evolution of case law under the ADA has had significant implications for how disabilities are documented. While a disability must be documented and medically verified by a doctor, a medical diagnosis is not enough. In general, proving a disability “substantially limits a major life activity,” requires various kinds of additional proof for the court to consider. Fortunately, under the ADA Amendments Act of 2008 (ADAAA), Congress enlarged the scope of who is protected under the ADA and what kinds of disabilities qualify as well. As a result, employees suffering from a host of mental and physical disabilities now have a better legal leverage in cases involving disabilities discrimination.
HOLDING EMPLOYERS ACCOUNTABLE UNDER THE ADA
Under the ADA, employers cannot ask certain kinds of questions during the hiring process or refuse employment or promotion based on an employee’s disability. In fact, employers are required to offer reasonable accommodation for disabled employees. In certain cases, this may mean allowing employees to work from home, come in at certain hours; in other cases, employers may be required to provide certain kinds of equipment or special office arrangements – for example, increased cubicle sizes – to accommodate disabled employees. Failure to do so may be constitute discrimination, creating liability for employers who fail to comply with the terms of the ADA.
CONTACT NEW YORK DISABILITY DISCRIMINATION ATTORNEYS
Disability discrimination can be subtle. As a result, it’s important to analyze patters of promotions, as well as hiring and firing decisions. In most cases, discrepancies begin to emerge between performance reviews, promotions, or pay raises. If you believe your company has intentionally denied you a promotion or has failed to properly accommodate your disability, contact New York disability discrimination attorneys at Leeds Brown Law, PC today.
Located in New York City, as well as Nassau County, the attorneys at Leeds Brown Law, PC offer high quality legal services and representation to clients throughout the five boroughs of Manhattan, including Wall Street, Midtown Manhattan, Brooklyn, Queens, the Bronx and Staten Island; and throughout Nassau and Suffolk counties on Long Island, including the Northshore, the Southshore, and cities such as Garden City, Carle Place, Hempstead, Mineola, Melville, Westbury, Hicksville, Levittown, Freeport, Massapequa, Valley Stream, Long Beach, Glen Cove, Syosset, Huntington, Bayside, Forest Hills, Manhasset, Whitestone, Commack, Brentwood and Riverhead, New York. Leeds Brown Law also extends its practice throughout all the counties of Nassau and Suffolk County, which includes the East end of Long Island, as well as to The Hamptons.