Disability & Perceived Disability Discrimination
New York Employment Law Attorneys – 646.490.0221
No employee with a disability, or a perceived disability, can be discriminated
against by employers. This mandate is regulated by law at all levels,
including federal, state, and local jurisdictions.
Discrimination cannot occur during or cause:
- Initial job application submittal
- Hiring interviews and process
- Firing, termination, or layoffs
- Promotions and advancement
- Compensation and bonuses
- Job training opportunities
In particular, the Americans with Disabilities Act (ADA) is the main piece
of legislation that protects a disabled worker’s rights to fair
employment. Additionally, the ADA states that employers must make reasonable
efforts to provide accommodations for any employees, or third-party visitors
such as vendors and patrons, with disabilities or perceived disabilities.
If you believe that you have been a victim of workplace discrimination
due to your disabilities, you can
contact Schwartz Perry & Heller LLP. Our New York disability discrimination attorneys
can help you file a claim to protect your rights.
What is Disability Discrimination?
Discrimination against a disability or perceived disability may occur in
one of numerous ways. In some instances, a manger or executive may make
a derogatory comment about an employee’s disability and subsequently
penalize them; although it may be claimed that the employee’s disability
had nothing to do with the decision to admonish their work performance,
the inappropriate comment would indicate otherwise. One of the most common
ways disability discrimination manifests, however, is when an employee
will not accommodate a disabled employee within reason, which causes them
to fail at essential job functions as described in their employment contracts.
What is Perceived Disability Discrimination?
In an unusual change of circumstances, perceived disability discrimination
occurs when an employer has come to the belief that you are disabled in
some way and discriminates against you, despite you not having that perceived
disability. Many perceived disability discrimination cases involve an
employer falsely believing that an employee’s actual disability
is far worse and more debilitating than it is in actuality. For example,
you may require a wheelchair to get around the office but it does not
slow you down; your boss, however, does not want to assign courier-related
tasks to you because they have convinced themselves that you experience
Contact Schwartz Perry & Heller LLP for Experienced Legal Representation
Unlawful discrimination against you based on a disability or perceived
disability will only cease once you stand up for your rights as an employee
in New York. At Schwartz Perry & Heller LLP, our New York employment law
attorneys can guide you through this complicated legal process, right
up to litigation in a courtroom.
Why should you trust our team of lawyers? Consider some of our accolades:
- 110+ years of total legal experience
Super Lawyers® on staff
- Membership in the Million Dollar Advocates Forum®
- AV® Preeminent™ Rating by Martindale-Hubbell®
We charge you nothing upfront for an
initial consultation so please do not hesitate to reach out to us as soon as you think you
need help with your discrimination case.