Workplace Disability Discrimination Lawyer in New York City
RECOVERED
- Disability discrimination happens when an employee or applicant is treated unfairly due to a disability, perceived disability, or a family memberโs disability.
- Federal and NYC laws, including the ADA and NYCHRL, protect workers and require reasonable accommodations.
- Signs include denial of accommodations, harassment, being passed over for promotions, or retaliation.
- Victims should document incidents, gather evidence, report the behavior, and contact a lawyer quickly.
- Joseph & Norinsberg provides experienced legal support to fight for compensation, back pay, and reinstatement.
Disability discrimination occurs when a worker receives unfavorable treatment based on a current or past disability, perceived disability, or the disability of a family member. Such treatment can include termination, demotion, harassment, or denial of reasonable accommodations that allow you to perform your job duties.
If you suspect you have been a victim, the compassionate, highly skilled New York City workplace discrimination lawyers at Joseph & Norinsberg can help. We have 100 years of collective experience and are prepared to take on your case. Schedule a free consultation with a workplace disability discrimination lawyer in New York City to learn more about your options.
Table of Contents
- Why Choose Joseph & Norinsberg for Your Disability Discrimination Claim?
- Choosing the Right Lawyer for Your Disability Discrimination Claim in NYC
- The Role of a Skilled NYC Disability Discrimination Lawyer
- Legal Steps and Strategies for Disability Discrimination Cases
- Signs of Disability Discrimination in the Workplace
- The Americans with Disabilities Act
- What To Do if You Are Being Discriminated Against Because of a Disability in an NYC Workplace
- Contact a New York City Disability Discrimination Attorney Today
- Frequently Asked Questions
Signs of Disability Discrimination in the Workplace
Disability discrimination can take many forms. Knowing what disability discrimination looks like can help you determine if youโve faced unlawful treatment at your workplace. Common signs that your rights may have been violated include the following:
- Your employer refused to provide a reasonable accommodation for your disability
- You have been harassed or bullied because of your disability
- An employer passed you over for hiring or promotion in favor of less-qualified, non-disabled candidates
- Your employer retaliated against you for requesting an accommodation or complaining about discrimination
If you have experienced any of these adverse employment actions, our New York City employment lawyers at Joseph & Norinsberg can assess your situation and help you prove disability discrimination.
Compensation Our Disability Discrimination Lawyers in New York City Pursue
We will be your fierce advocates throughout the legal process, handling all communications with your employer and their lawyers. Our team will use its deep knowledge of disability discrimination law and negotiation skills to fight for the following types of compensation:
- Back pay
- Reinstatement
- Reasonable accommodations
- Emotional distress
Joseph & Norinsberg has a proven track record of holding employers accountable, including a $3 million result for a hedge fund executive terminated because of a disability. However, it’s important to note that past results do not guarantee future outcomes.
Why Choose Joseph & Norinsberg for Your Disability Discrimination Claim?
You should choose Joseph & Norinsberg for your disability discrimination claim because we represent employees with a relentless work ethic, exceptional trial skills, and empathy for every client.
Founding partners Bennitta Joseph and Jon Norinsberg have the experience and passion needed to fight for your rights. Ms. Joseph previously served as a prosecutor with the New York County District Attorney’s Office, while Mr. Norinsberg found his passion for plaintiffs’ rights during his time at the New York City Law Department.
As Dr. Martin Luther King Jr. said, “Injustice anywhere is a threat to justice everywhere.” We take this to heart and will keep fighting when other law firms won’t.
Federal and NYC Laws That Protect Disabled Workers
Disability discrimination cases can be complicated and often require extensive knowledge of the constantly evolving patchwork of federal, state, and local employment laws. Your Joseph & Norinsberg New York City workplace disability discrimination attorney will draw on their deep knowledge of the following laws to build a strong claim on your behalf:
The Americans with Disabilities Act (ADA)
The Americans with Disabilities Act is a federal civil rights law that applies to employers with 15 or more employees. It defines a disability as a physical or mental impairment that substantially limits one or more major life activities.
This law requires that the employer provide reasonable accommodations to the employee unless it would cause undue hardship for the employer.
The New York City Human Rights Law (NYCHRL)
The NYCHRL provides even greater protections than the ADA. Employers with four or more employees must provide reasonable accommodations and engage in a cooperative dialogue to find an appropriate accommodation. The NYC Commission on Human Rights enforces these protections.
How Long Do You Have to File a Disability Discrimination Claim in New York?
You have 300 days to file a disability discrimination charge with the U.S. Equal Employment Opportunity Commission (EEOC) in New York.
Under a 2024 amendment to the statute of limitations, victims of disability discrimination have three years to file with the New York State Division of Human Rights for incidents occurring on or after February 15, 2024. Earlier incidents had a one-year window.
If you miss this deadline or another filing deadline that applies to your case, you could lose your right to seek justice and compensation.
Our New York City workplace disability discrimination lawyers at Joseph & Norinsberg will make sure your case is on track and ensure everything is filed on time. As long as you reach out to us soon, weโll have the time we need to meet these important deadlines and protect your right to justice and compensation.
What To Do if You Face Disability Discrimination in an NYC Workplace
If you believe you have been the victim of disability discrimination, consult with an experienced attorney who can help you decide whether to file with the NYC Commission on Human Rights, the New York State Division of Human Rights, or the EEOC. Gathering as much evidence as possible to substantiate your claim is important.
At Joseph & Norinsberg, a New York City disability discrimination lawyer from our highly skilled legal team will investigate your case, analyze every detail, and protect your rights during every step of the legal process.
Contact a New York City Disability Discrimination Attorney Today
Whether you were denied a reasonable accommodation, harassed, or otherwise mistreated because of a disability, Joseph & Norinsberg will stand entirely on your side. Our attorneys also handle sexual harassment, age discrimination, and other workplace discrimination claims.
Joseph & Norinsberg is a premier employee-side employment law firm built around one commitment: Justice for the Employee. Our experienced team advocates on behalf of professionals, executives, and employees whose rights have been violated. We prepare meticulously, fight relentlessly, and take on employers regardless of their resources or size.
Don’t suffer in silence any longer. Reach out today for a free and confidential consultation with an experienced workplace disability discrimination attorney in New York City.
Our Clients Have Given Us a Five-Star Rating
Our clients benefit from our hard work, and it means everything to us when they write to us and tell us how much of a difference we made in their lives. Below are a few examples of the types of client feedback we regularly receive:
Frequently Asked Questions
What Types of Compensation Are Available to You as a Victim of Disability Discrimination in NYC?
Generally, an employee is entitled to damages for lost wages, loss of employment benefits, reasonable accommodations, emotional pain and suffering, and, in some cases, punitive damages.
What Constitutes a Disability?
The ADA a person may be considered to have a disability if they have:
- A physical or cognitive condition that significantly limits basic functions, such as the ability to walk, hear, see, or talk
- A history of a disability, including cancer currently in remission
- A perceived physical or cognitive condition, even if no such condition exists
What Is a Reasonable Accommodation?
A reasonable accommodation involves changing any aspect of employment to alter the working environment or how job duties are performed. It can be anything from providing a reserved parking space and installing an assistive listening device to offering a flexible schedule or longer breaks.
Your employer cannot ignore your request and must engage with you to determine how to accommodate your disability. An employer’s failure to do so could violate your rights. Clear documentation of when you made the request and your employer’s response is critical to establishing a discrimination claim.
What Is an Example of Disability Discrimination?
An example of disability discrimination is when an employer fires an employee after learning about their disability, even though the employee can still perform their job duties with reasonable accommodation. It is illegal for employers to take adverse actions based on an employee’s disability rather than their ability to do the job.
Bennitta L. Joseph is one of New York Cityโs leading employment trial attorneys, with more than 25 years of experience fighting for workers in high-stakes workplace disputes. Bennitta is known for taking on powerful corporations, institutions, executives, and public figures in cases involving discrimination, harassment, retaliation, wrongful termination, wage disputes, and executive compensation.
- New York Age Discrimination Lawyer
- New York Disability Discrimination Lawyer
- New York Gender Discrimination Lawyer
- New York Pregnancy Discrimination Lawyer
- New York Race Discrimination Lawyer
- New York LGBTQ Employment Discrimination Lawyer
- New York Weight Discrimination Lawyer
- New York Religious Discrimination Lawyer
Increased clientโs severance for being discriminated against for their disability.
Defended 12 individuals facing discrimination and retaliation based on race and gender in the workplace.
Race discrimination case against a luxury brand in the fashion industry (confidential).