If you have been discriminated against for a disability by your New York City employer or a potential employer, you may be entitled to compensation. 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.
New York and New Jersey workers have multiple federal and state protections against this kind of discrimination, but knowing your rights is key to protecting them. Not every medical condition is considered to be a disability for the purpose of discrimination protection. Working with a New York City disability discrimination lawyer can help you to understand your rights and ensure you’re protected.
In order to receive federal and state protection, the individual must be both qualified for the job in question and have a qualifying disability.
As generally defined by state and federal the law, an individual may be considered to have a disability if he/she suffers from:
• 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 that is currently in remission;
• a perceived physical or cognitive condition, even if no such condition exists.
At Joseph & Norinsberg LLC, our compassionate, knowledgeable team of disability discrimination attorneys have helped countless NY & NJ workers protect their rights and obtain the compensation they deserve. If you have been harassed or discriminated against at work or as a job applicant, you have rights. Contact a NYC discrimination lawyer
today to determine how to proceed.
If You Feel You Have Been Exposed to Illegal Disability Discrimination in a New York City Workplace, You Are Not Alone
In 2016, the U.S. Equal Employment Opportunity Commission
(EEOC) received 28,073 disability discrimination claims. EEOC determined that discrimination occurred in 5,680 of those claims and collected approximately $131 million from the discriminatory employers.
Sadly, disability discrimination occurs frequently and often goes unreported. Even when it is reported, these cases are often difficult to prove without the help of an experienced attorney. Of the 22,393 claims in 2016 that were not found to be discriminatory, it is highly likely that discrimination actually did occur in more than a few.
The EEOC works hard to protect workers and enforce those protections, but with tens-of-thousands of investigations each year, many legitimate claims are bound to fall through the cracks. According to the U.S. Bureau of Labor Statistics (BLS), only 19.3 percent of individuals with a disability were employed in 2019. This is, in and of itself, indicative of a larger problem. If you have been discriminated against due to a disability, contact a New York City disability discrimination lawyer today.
Employee Rights and Protection Against Disability Discrimination
Fortunately, disabled workers are protected against discrimination at municipal, state, and federal levels. But understanding what discrimination is
, knowing your rights, and how to enforce them is essential if you want to benefit from those protections.
It is prohibited for an employer to make any employment decisions based on the disability of a job candidate or existing employee. “Employment decisions” include hiring, firing, promotions, training, and employee benefits, such as health insurance and leave. If a job applicant is qualified but doesn’t get hired due to a disability, he/she can sue for discrimination. The same is true if an existing employee is demoted, fired, or otherwise treated unfavorably due to a disability or the need to care for a family member with a disability.
The American with Disabilities Act (ADA) protects disabled employees and job applicants from discrimination in every aspect of the employment process. In addition, the ADA requires all employers with 15 or more employees to provide reasonable accommodations to employees with disabilities. A reasonable accommodation is an adjustment to any aspect of the employment process that alters the working environment or the way in which the job is performed.
Such accommodations may include:
- Reserved parking
- Installation of an interior wheelchair ramp, or improved accessibility in certain work areas
- Flexible work schedule
- Provision of work aids, such as tests and training materials with larger font, assistive listening devices, or voice-control software for transcription
Employers must provide accommodations when they are deemed reasonable, which means that providing the accommodation will not create an undue hardship for the employer. If you are unsure whether an accommodation is reasonable, a New York disability discrimination lawyer can help.
Disability Discrimination Examples
As with all types of discrimination, disability discrimination takes many forms, and the workplace is one of the most common spaces in which it occurs. Each year, the EEOC receives tens-of-thousands of employment disability discrimination claims, many of which involve:
What To Do If You Are Being Discriminated Against Because Of a Disability In An NYC Workplace
If you believe that you are a victim of workplace disability discrimination, it is in your best interest to consult with an experienced attorney immediately. With employment discrimination cases, time is of the essence. Disability discrimination occurs with shocking frequency, but proving it can be a difficult task. As such, it is important to gather as much evidence as possible to substantiate your claim.
At Joseph & Norinsberg LLC, we will work tirelessly to build a strong case against your employer if you have been discriminated against for a disability. An NYC disability discrimination lawyer from our highly-skilled, knowledgeable legal team will investigate your case, thoroughly analyze all the details, help you gather evidence, and build a solid case against your employer.
Frequently Asked Questions
What types of compensation are available to you as a victim of disability discrimination?
Generally speaking, an employee is entitled to receive damages for lost wages, loss of benefits (health insurance, paid-time off, pension, etc.), reasonable accommodations, emotional pain and suffering, and punitive damages.
What constitutes a disability?
As defined by the law, an individual may be considered to have a disability if he/she suffers from 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 that is 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 the manner in which 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. What is critical here is that your employer cannot ignore your request and must engage with you to determine how to accommodate your request. An employer’s failure to do so by itself could be a violation of your rights. Clear documentation of when the request was made, as well as your employer’s response to the request is pivotal in making these claims.
Contact a New York City Disability Discrimination Lawyer Today
If you have been harassed or discriminated against due to a disability, the skilled legal team at Joseph & Norinsberg LLC can help. Our experienced team of employment lawyers will thoroughly analyze your case to determine the best legal strategy for moving forward. If you are a victim of employment discrimination, you have rights. Don’t go through this difficult time alone; contact a disability discrimination lawyer at Joseph & Norinsberg LLC to book a free and confidential consultation through our website today.