New York Disability Discrimination Attorney

Understanding Disability Rights in New York City, NY

New York offers robust protections for individuals with disabilities through both state and city laws. The New York State Human Rights Law and the New York City Human Rights Law complement the federal Americans with Disabilities Act (ADA), ensuring comprehensive coverage against discrimination. These statutes mandate that employers of any size cannot discriminate based on disability at any stage of employment, including hiring, promotions, and firing. Furthermore, employers are required to provide reasonable accommodations unless it presents an undue hardship on the business.

At Schwartz Perry & Heller LLP, we proficiently navigate these local laws to protect our clients' rights. Our deep understanding of the complexities specific to New York laws allows us to effectively advocate for those who face workplace discrimination, ensuring they receive the expert legal guidance they need.

The following are key rights and protections for employees with disabilities in New York City:

• Comprehensive legal protection under federal, state, and city laws that prohibit discrimination based on physical or mental disabilities at every stage of employment.
• Obligation for reasonable accommodations, requiring employers to adjust workplace policies or settings unless it causes undue hardship to their business.
• Enforcement agencies such as the New York State Division of Human Rights and the New York City Commission on Human Rights that investigate employee complaints and offer guidance.
• Remedies available for employees subjected to discrimination, including legal recourse through various New York courts.

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 disability discrimination case. Call our office at (646) 490-0221!

Facing Discrimination for a Disability? Call (646) 490-0221 Today!

No employee with a disability can be discriminated against by their employer. This mandate is enforced by law at federal, state, and local levels.

Unlawful discrimination 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 City disability discrimination attorneys can guide you through this complex legal process, all the way to litigation in a courtroom.

Why should you trust our experienced team of lawyers?

• 110+ years of total legal experience
• Super Lawyers® on staff
• Membership in the Million Dollar Advocates Forum®
• AV® Preeminent™ Rating by Martindale-Hubbell®

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 lawyers can help you file a claim to protect your rights.

What is the Americans With Disabilities Act?

The Americans with Disabilities Act (ADA) is the primary piece of legislation that protects a worker's rights to fair employment. Additionally, the ADA requires that employers make reasonable efforts to provide accommodations for any employees or third-party visitors such as vendors and patrons with disabilities.

The ADA not only sets a standard for disability rights but also serves as a foundational legal recourse against discriminatory practices. Employers are reminded that adherence to ADA guidelines is mandatory, reinforcing the legal backing available to employees facing discrimination.

What is Disability Discrimination?

Discrimination against someone with a disability may occur in numerous ways. In some instances, a manager 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 suggest otherwise.

Disability discrimination can impact your employment in a number of ways, including:

• Initial job application submission
• Hiring interviews and process
• Firing, termination, or layoffs
• Promotions and advancement
• Compensation and bonuses
• Job training opportunities

One of the most common manifestations of disability discrimination is when an employer fails to accommodate a disabled employee within reason, causing them to struggle with essential job functions as described in their employment contracts.

What is Perceived Disability Discrimination?

In an unusual shift in circumstances, perceived disability discrimination occurs when an employer believes 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 actually is. For example, you may require a wheelchair to navigate the office, but it does not hinder you; however, your boss may refuse to assign you courier-related tasks, convinced that you experience hampered mobility. This type of discrimination can be particularly damaging as it unjustifiably limits professional growth.

What Is a Reasonable Accommodation?

When an employee has a disability, employers are legally required to provide reasonable accommodations to help them perform their job properly. According to the ADA, a reasonable accommodation is "a modification or adjustment to a job, the work environment, or the way things are usually done during the hiring process." These accommodations are designed to enable individuals with disabilities to have equal employment opportunities and perform essential job functions. Employers should engage in an interactive process with employees to identify suitable accommodations without causing undue hardship to the business.

The following are examples of reasonable accommodations:

• Installing a ramp or making the office layout more accessible
• Providing screen readers, video phones, and other assistive technologies
• Providing sign language interpreters or making work materials available in braille
• Modifying company policies to allow service dogs or more flexible work schedules

For more information about reasonable accommodations in your workplace, you can contact theJob Accommodation Network. If you have a disability and your employer has failed or outright refused to provide reasonable accommodation, you have the right to file a claim for disability discrimination.

Employers should remember that providing accommodations is not just a legal obligation but a commitment to inclusive practices that benefit the workforce as a whole. By cultivating an adaptive atmosphere, businesses not only meet legal standards but also create an environment that maximizes employee productivity and morale.

Navigating New York State & City Agencies for Disability Claims

Many individuals wonder what steps to take when experiencing disability discrimination beyond the initial complaint. In New York, both state and city agencies play an important role in the enforcement of employee rights. The New York State Division of Human Rights (NYSDHR) investigates claims under the New York State Human Rights Law, while the New York City Commission on Human Rights (NYCCHR) handles complaints arising from the city’s unique local protections. Knowing which agency to approach can be pivotal for successful case outcomes, as each body maintains specific procedures and filing requirements.

If you decide to pursue a disability discrimination claim, your case may require interaction with agencies such as the NYSDHR or NYCCHR, depending on where the incident took place. These organizations conduct investigations, gather evidence, and even facilitate settlement discussions. For residents of New York City, the NYCCHR’s headquarters serve as a vital local resource, offering detailed guidance on your rights under city law. As disability discrimination attorney New York advocates, we guide our clients through these processes while helping them meet all necessary deadlines and documentation requirements.

If you are considering filing a claim with a state or city agency, consider the following practical tips:

• Determine the appropriate agency based on where your workplace is located and where the incident occurred.
• Prepare comprehensive documentation including written requests for accommodations, employer responses, and any supporting evidence.
• Be aware of deadlines for filing, as agencies such as NYSDHR and NYCCHR enforce strict timelines for initiating claims.

Choosing the right approach and understanding how local agencies like the New York State Division of Human Rights and the NYCCHR operate can give your case a stronger foundation. Our disability discrimination lawyer New York team is familiar with these institutions, and we provide guidance from the earliest stages through resolution, leveraging our experience with local legal forums to best support our clients’ needs.