DISABILITY DISCRIMINATION

Disability discrimination

It is illegal under both state, city and federal law for an employer to discriminate against you on the basis of a disability. If you believe that an employer has taken any adverse employment actions against you because you suffer from a disability, it is advisable to contact the New York disability discrimination attorneys at Fitapelli & Schaffer to schedule a consultation. If your employer has discriminated against you on the basis of your disability, they may have violated one of the following laws, as follows:

Federal Laws

The Americans with Disabilities Act (ADA) was passed to ensure that those with disabilities are afforded equal employment opportunities in the workplace. According to the ADA, “disability means (a) a physical or mental impairment that substantially limits one or more of the major life activities of [an] individual; (b) a record of such an impairment; or (c) being regarded as having such an impairment.”

If you qualify as having a disability, it is unlawful for an employer to take any adverse employment action against you solely on the basis of your disability. In fact, an employer is obligated to provide you with a “reasonable accommodation”, upon your request, to assist you in the performance of your employment responsibilities. If you are unsure whether you qualify as having a “disability”, or if your employer has taken an adverse employment action against you or failed to provide you with a reasonable accommodation, we advise you to contact the New York disability attorneys at Fitapelli & Schaffer who will fight to enforce your ADA rights.

State and City Laws

The New York State Human Rights Law and the New York City Human Rights Law provide for greater rights regarding disability discrimination in the workplace. For example, to be considered disabled, an employee must show they have any physical or mental impairment.  There is no requirement that the impairment limit a person’s major life activities.  Under the New York City Human Rights Law, the employer must engage in an interactive process upon learning of an individual’s disability in order to determine the proper “reasonable accommodation” to offer.  If you qualify as having a disability, your employer may not take an adverse employment action against you on the basis of your disability and must make reasonable accommodations to enable you to perform your job responsibilities, so long as such accommodations would not cause undue hardship to the business.  Furthermore, these laws provide that a prospective employer may not ask you in-depth questions about your disability during an interview and may only make inquiries as to your ability to perform job-related functions.

Discrimination claims are difficult to prove because an employer rarely admits to making a decision on the basis of a disability alone. Quite often, an employer will take an adverse employment action against you for a seemingly legitimate reason, although a discriminatory animus motivated the conduct. In such a situation, you are entitled to demonstrate that your employers “legitimate reason” was actually pretext for hiding discrimination.

It is important to have a discrimination lawyer in New York review your case. The New York discrimination lawyers at Fitapelli & Schaffer have an intricate knowledge of state, city and federal discrimination laws and are prepared to assist you with your claim. free consultation">Call our attorneys for a free consultation regarding the best course of action to take in pursuit of your discrimination claim.