Disability Discrimination Lawyers in New York City

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 regulated by law at all levels, including federal, state, and local jurisdictions.

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 City disability discrimination attorneys can guide you through this complicated legal process, right up 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 attorneys can help you file a claim to protect your rights.

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!

What is the Americans With Disabilities Act?

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.

What is Disability Discrimination?

Discrimination against someone a 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.

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

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

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.

What Is A Reasonable Accommodation?

When an employee has a disability, their employer is legally required to provide reasonable accommodation so that they can perform their job properly. According to the ADA, a reasonable accomodation is "a modification or adjustment to a job, the work environment, or the way things are usually done during the hiring process."

The following are examples of a reasonable accommodation:

• 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 braile
• Modifying company policies to allow service dogs or more flexible work schedules

For more information about reasonable accomodations 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 accomodation, you have the right to file a claim for disability discrimination.

Contact the New York City disability discrimination attorneys at Schwartz Perry & Heller LLP to learn about your right to compensation after a violation of your ADA rights.