Disability and Perceived Disability Discrimination

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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. 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 hampered mobility.

Contact Schwartz Perry & Heller 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, 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.

Contact Us

Schwartz Perry & Heller
New York Employment Law Attorney
Located at: 295 Madison Avenue,
26th Floor,

New York, NY 10017
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Phone: (646) 490-0221
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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.