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recovered for our employment law cases
New York disability discrimination occurs when an employee or job applicant 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 enabling you to perform your job duties.
While New York workers have multiple federal and state protections against this kind of discrimination, not every medical condition is considered a disability under the law. The Americans with Disabilities Act defines a disability as a physical or mental impairment that substantially limits one or more major life activities. If you suspect you have been a victim of disability discrimination, the compassionate, highly skilled disability discrimination lawyers at Joseph & Norinsberg can help. With over 75 years of collective experience relentlessly fighting for workers’ rights, we will investigate your case and fight tirelessly to get you the justice you deserve.
Table of Contents
- Why Choose Joseph & Norinsberg LLC 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
Why Choose Joseph & Norinsberg LLC for Your Disability Discrimination Claim?
At Joseph & Norinsberg, our New York City disability discrimination lawyers have over 75 years of experience and a 90 percent success rate advocating for workers who have faced illegal discrimination. We are committed to disability discrimination legal representation 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 in your disability discrimination claim. Ms. Joseph previously served as a prosecutor with the New York District Attorney’s office, while Mr. Norinsberg found his passion for plaintiff’s rights during his time at the New York City Law Department. In addition, our firm has been recognized as the “Best Litigation Attorneys in NYC” by expertise.com.
As Dr. Martin Luther King Jr. said, “Injustice anywhere is a threat to justice everywhere.” We take this to heart and will keep fighting for you when other law firms won’t. If you suspect an employer has violated your rights, don’t suffer in silence. Our tenacious disability discrimination attorneys are here to help.
Choosing the Right Lawyer for Your Disability Discrimination Claim in NYC
Disability discrimination cases can be complex, requiring extensive knowledge of the constantly evolving patchwork of federal, state, and local employment laws. That’s why it’s crucial to work with NYC disability discrimination attorneys who focus on this niche area of law and have an in-depth understanding of your rights and options.
The Role of a Skilled NYC Disability Discrimination Lawyer
When you consult with our NYC disability discrimination lawyers, we will listen carefully to your story and explain your legal rights and options. If we determine you have a valid legal claim, we will launch a thorough investigation, gathering evidence to support your case.
We will be your fierce advocates throughout the process, handling all communications with your employer and their lawyers. We will use our deep knowledge of disability discrimination law and negotiation skills to fight for compensation, including back pay, reinstatement, reasonable accommodations, and damages for emotional distress.
Legal Steps and Strategies for Disability Discrimination Cases
If you have experienced disability discrimination at work in New York, it’s essential to consult with an experienced New York City employment law firm as soon as possible. Depending on when the incident occurred, there is a one-year or three-year deadline for filing a discrimination claim in New York. If you miss the applicable deadline, you could lose your right to seek justice.
At Joseph & Norinsberg, we will guide you through the complex process of filing a discrimination complaint and work tirelessly to achieve the best possible outcome for you. Our NYC disability discrimination lawyers have a proven track record of success, as demonstrated by the settlements and verdicts we have won for our clients.
Signs of Disability Discrimination in the Workplace
Disability discrimination can take many forms, some overt and some more subtle. Some common signs that your rights may have been violated include the following:
- Your employer has refused to provide a reasonable accommodation for your disability.
- You have been harassed or bullied because of your disability.
- An employer has passed you over for hiring or promotion in favor of less-qualified, non-disabled candidates.
- Your employer has retaliated against you for requesting an accommodation or complaining about discrimination.
If you have experienced any of these adverse employment actions, it’s essential to consult with a knowledgeable lawyer right away. Our attorneys can assess your situation and help you take the necessary legal steps to protect your disability discrimination rights in New York.
The Americans with Disabilities Act
The Americans with Disabilities Act, or ADA, is a federal civil rights law prohibiting employment discrimination against people with disabilities. Under the ADA, employers with 15 or more employees must not discriminate against qualified individuals with disabilities in hiring, firing, advancement, compensation, job training, and other terms, conditions, and privileges of employment.
To be in ADA compliance, NYC employers must provide reasonable accommodations to disabled employees and job applicants unless doing so would cause significant difficulty or expense for the employer. If your employer has failed to provide a reasonable accommodation or has otherwise discriminated against you because of your disability, you may have a legal claim under the ADA.
Disability Discrimination Laws in New York City
In addition to the federal protections under the ADA, New York City also has robust anti-discrimination laws. The New York City Human Rights Law, or NYCHRL, prohibits discrimination based on disability and provides even greater protections for employees than the ADA.
Under the NYCHRL, employers with four or more employees must provide reasonable accommodations for disabled workers and engage in a cooperative dialogue to find an appropriate accommodation.
The NYCHRL also allows for greater potential damages and has a longer statute of limitations for filing a claim than the ADA. The ADA limits damages based on the size of your employer and provides a default limit of 180 calendar days from the date discrimination occurred to file a claim with the U.S. Equal Employment Opportunity Commission. However, if a state or local agency enforces laws prohibiting the type of discrimination you suffered, the filing deadline may be extended to 300 calendar days.
Recent legislation amended state law to give discrimination victims up to three years to file a claim against a discriminatory employer with the New York State Division of Human Rights. The new law applies to incidents occurring on or after February 15, 2024. For those incidents occurring before that date, victims had one year to file a claim with the New York State Division of Human Rights.
What To Do if You Are Being Discriminated Against Because of a Disability in an NYC Workplace
If you believe you have been the victim of disability discrimination in the workplace, consult with an experienced attorney immediately and report the discrimination to the NYC Human Rights Commission. With employment discrimination cases, time is of the essence. Disability discrimination occurs with shocking frequency, but proving it can be difficult. Thus, gathering as much evidence as possible to substantiate your claim is critical.
At Joseph & Norinsberg LLC, we will work tirelessly to build a strong case against your employer to prove it discriminated against you because of a disability. An NYC disability discrimination lawyer from our highly skilled legal team will investigate your case, thoroughly analyze all the details, gather all relevant evidence, and advocate for you, protecting your rights during every step of the legal process.
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:
Contact a New York City Disability Discrimination Attorney Today
Disability discrimination is a serious problem that affects many New York City workers. If an employer has denied reasonable accommodations, harassed, or otherwise mistreated at work because of a disability, we’ll fight for your rights.
The attorneys at Joseph & Norinsberg deeply understand the ADA and New York employment laws and have a long track record of success in holding employers accountable for disability discrimination. In addition, our attorneys have experience with many other types of discrimination and harassment, including:
Don’t suffer in silence any longer. Contact the NYC disability discrimination attorneys at Joseph & Norinsberg today for a free and confidential consultation.
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 Joseph is an experienced New York City sexual assault attorney with over seventeen years of experience litigating cases involving workplace harassment. She takes on cases with uncompromising dedication, patience, and a relentless desire to achieve justice.
- New York Age Discrimination Lawyer
- New York Disability Discrimination Lawyer
- New York Gender Discrimination Lawyer
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- New York LGBTQ Employment Discrimination Lawyer
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Increased client’s 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).
