Rights of the Disabled Worker

Employment discrimination against qualified persons with disabilities is not only illegal but prohibited by the Federal Americans with Disabilities Act of 1990 (ADA). The ADA covers all types of employers, from federal to private. Furthermore, the law affects all aspects of employment such as hiring, firing, promotions, training, benefits, and other employment issues. If you find that any of your rights regarding employment issues have been violated you should contact an experienced employment law attorney immediately.

What Qualifies as A Disability Under the ADA?

The ADA views a disability as any mental or physical impairment that substantially limits major life activities.

According to the ADA the term disability means:

  • A physical or mental impairment that substantially limits one or more of a person’s major life activities such as: breathing, seeing, hearing, walking, sitting, standing, sleeping, caring for yourself, lifting, or learning.
  • Having a record of an impairment.
  • Being regarded as having an impairment.

New York State law provides broader protection for employees with disabilities than the federal law outlined in the ADA. The New York state statute includes conditions such as obesity and stress-related diseases or disorders within its definition of disability.

Further Protection Against Disability Discrimination in New York City

The New York City Human Rights Law applies only to residents of New York City. The law makes it illegal to discriminate against anyone with a disability, which includes HIV/AIDS. Furthermore, the New York City Human Rights Law broadens its definition of a disability to include any medical, mental, or psychological impairment or a history/record of impairment. These protections are much broader than the federal law outlined in ADA.

To be covered by ADA in the workplace, an individual must be qualified to properly perform the main functions of the job. You should have the appropriate education, skills, and experience to be able to perform the essential functions outlined in the job description. However, employers cannot disqualify you from the job, if your disability limits you from performing tasks that are not considered essential to the job.

Your ADA rights require that employers make reasonable accommodations or adjustments to the workplace that will allow you to perform your work successfully.

These reasonable accommodations may include:

  • A restructure of training materials and work procedures
  • Flexible or adjustable work schedules
  • Modifications to current equipment and office space
  • Accommodations for persons with disabilities
  • Hiring language interpreters for speech assistance

An employer cannot ask a current employee or potential hire if they possess a disability. This question would be inappropriate and illegal. However, the employer may ask a person if they can perform the major duties of the position. Your answer will help the employer know if they need to create a reasonable accommodation for you to perform the job.

What To Do If An Employer Is Discriminating Against You Due to a Disability

If your employer (or former employer) has wrongfully terminated due to a disability or if any of your employment rights have been violated, you may be entitled to compensation. Please contact the Law Offices of Joseph & Norinsberg. Their lawyers will provide an honest assessment of the strengths and weaknesses of your case. If your case merits going to court, the attorneys at the Law Offices of Joseph & Norinsberg will work diligently to help you find the justice you deserve.

Contact the Law Offices of Joseph & Norinsberg at (212) JUSTICE or at info@employeejustice.com for a free initial consultation.

2020-10-29T19:11:37+00:00July 25th, 2016|Disability Discrimination|

Glowing Client Reviews

I am very amazed and pleased for the wonderful work Diego Barros did for me and our co-workers, speechless to see how wonderful and constructive everything work. First time with Diego Barros and i am totally impressed to have seen how great you have worked for all of us, i will totally recommend you to anybody who is in need of help without at doubt at all in all senses.

Mr. Diego helped me WIN and reach a great settlement. Wages recovered from lack of pay and serious misconducts from employer. He was very informative and easy to talk to every step of the way. Very happy with the settlement I received. He will go for the win and get you what you deserve! If you having problems with employment I give Mr. Diego my full recommendation to get your issues resolved.

Jon and his team are amazing. They fought every step of the way for me and my family. My case was handled with such care and concern and Jon’s honesty gave me great confidence in his ability to win my case.

To have Bennitta Joseph who wins high profile cases against companies like Delta is a win for any company. The fact that they equip entrepreneurs like me with tools to compete with fortune 500 is a competitive advantage. If you are a company that deals with people and wants to succeed, hiring her is a must!

This was the first and hopefully my last lawsuit and the process wasn’t what I thought. The patience shown to me (even when I became frustrated) was great. Everyone showed respect, sensitivity, and I’d recommend the firm to everyone. Losing my job set me behind on several bills, but I can now pay them. The situation I went through will help me going forward.

This was the first and hopefully my last lawsuit and the process wasn’t what I thought. The patience shown to me (even when I became frustrated) was great. Everyone showed respect, sensitivity, and I’d recommend the firm to everyone. Losing my job set me behind on several bills, but I can now pay them. The situation I went through will help me going forward.

Bennitta Joseph is committed to Justice. After be wronged at work in 2015, and discriminated against I felt very hopeless and wronged. I felt as though I had no hope standing up to a corporate giant, and no chance of winning. After explaining my case and sharing the facts Bennitta felt differently. She did warn me it would be a long and tough road and that I had to have thick skin. In my experience if you take Bennitta’s lead and trust her legal experience no case it too big, or too small for her…

Me trataron muy bien y estoy satisfecho con el servicio. Inicialmente llamé para unirme a un caso anterior, pero cuando ya era demasiado tarde para unirme a ese caso, estaban felices de luchar por un segundo caso. No pensé que podrían hacer que otro caso funcionara, pero lo hicieron. Aprendí cuáles son mis derechos en cuanto a salario mínimo y tiempo extra y puedo usar esta información en el futuro. Recomiendo mucho la oficina.

TESTIMONIALS

I am very amazed and pleased for the wonderful work Diego Barros did for me and our co-workers, speechless to see how wonderful and constructive everything work. First time with Diego Barros and i am totally impressed to have seen how great you have worked for all of us, i will totally recommend you to anybody who is in need of help without at doubt at all in all senses.
Ysaac G
Mr. Diego helped me WIN and reach a great settlement. Wages recovered from lack of pay and serious misconducts from employer. He was very informative and easy to talk to every step of the way. Very happy with the settlement I received. He will go for the win and get you what you deserve! If you having problems with employment I give Mr. Diego my full recommendation to get your issues resolved. 
D.F.
To have Bennitta Joseph who wins high profile cases against companies like Delta is a win for any company. The fact that they equip entrepreneurs like me with tools to compete with fortune 500 is a competitive advantage. If you are a company that deals with people and wants to succeed, hiring her is a must!
Karleen L.
This was the first and hopefully my last lawsuit and the process wasn’t what I thought.  The patience shown to me (even when I became frustrated) was great.  Everyone showed respect, sensitivity, and I’d recommend the firm to everyone.  Losing my job set me behind on several bills, but I can now pay them.  The situation I went through will help me going forward. 
Isaiah B.
I had an excellent experience with the firm and with Bennitta Joseph as my attorney. Everyone I dealt with was extremely courteous, friendly and very helpful. The settlement will help me financially as I look for a job.
Kate P.

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