Our Experienced Legal Team Represents Employees With Employment Law Concerns

New York City Disability Discrimination Attorneys Fighting For Fairness

There are state and federal laws that protect those who are disabled from being discriminated against for their disabilities. The New York City discrimination lawyers at Fisher | Taubenfeld LLP represent clients who are facing discrimination based on their disabilities or perceived disabilities. As experienced litigators, we are staunch advocates for those who need a voice and advocate.

Understanding The Americans With Disabilities Act

The Americans with Disabilities Act (ADA) is a federal law that protects disabled individuals from discrimination by state and local governments, employment agencies, labor unions and private employers with 15 or more workers. Federal employees and applicants are covered by similar protections under the Rehabilitation Act of 1973. New York City law has even broader protections than the ADA for disabled workers.

Discrimination Based On Disability Or Perceived Disability

The ADA protects those who are disabled or perceived to be disabled. A person is considered disabled if they currently have a physical or mental impairment that substantially limits a major life activity.

“Major life activities” under the ADA are identified as:

An inability to perform common activities: An inability to perform common activities such as walking, reading or communicating is protected under the ADA.
Bodily function impairments: Bodily functions are a major life activity as defined by the ADA. Therefore, if a person’s bodily function is affected by an immune, neurological, respiratory, circulatory or reproductive disorder or disease, the person can seek protection under the ADA.

A person may also be disabled if they have a history of disability or if they are “regarded as” disabled. Mitigating measures such as eyeglasses and contact lenses are not considered when determining whether a person is disabled under the ADA. In addition, episodic impairments are considered disabilities if the episode substantially limits a major life activity when active.

Protection For Those Associated With A Disabled Person

The ADA also protects people from discrimination in employment based on their relationship with a disabled person. For example, it is unlawful to discriminate against an employee because his wife has a disability.

Understand Your Rights During The Hiring Process

Employers cannot question applicants about their disabilities or require them to undergo a medical examination. However, employers may ask whether an applicant is able to perform the essential functions of the job.

In addition, there are specific rules regarding drug testing and the hiring of individuals with past or current addictions:

Employers can require applicants to take a drug test.
Employers may deny an individual a job based on the current use of illegal drugs.
An individual who has completed a drug rehabilitation program and has stopped using illegal drugs may be disabled.
Alcoholism is also considered a disability. However, individuals suffering from alcoholism can still be held to the same performance metrics as other employees.
Employers may fire or refuse to hire an individual whose disability poses a threat to the health or safety of the individual or other employees.

An experienced employment law attorney can help you better understand if you have experienced discrimination during the hiring process.

Frequently Asked Questions About Disability Discrimination

Disability discrimination is prohibited by federal, state and local laws. Proving disability discrimination can sometimes be difficult. Here, our discrimination lawyers have compiled a list of questions they regularly answer for clients.

However, when it comes to discrimination, every scenario is different. Our New York City disability discrimination lawyers offer a free phone consultation for prospective clients. During this appointment, they can answer your questions and assess your potential claims.

Under the law, what is a disability?

Generally speaking, a disability is defined as a physical or mental impairment that restricts one or more major life activities. Major life activities may include walking, breathing or sleeping. Because disability discrimination is addressed by a number of different laws, the definition may be slightly different depending on the law. In addition, certain laws may only apply to workplaces of a certain size. Our attorneys can let you know which law or laws apply to your situation.

What does disability discrimination look like?

Acts of prejudice and other actions that deny workers with disabilities – the same workplace opportunities and benefits afforded to able-bodied employees – can be considered discrimination. For example, if your employer refuses to promote you or fires you because of your disability, that would be discrimination. Likewise, if you need additional assistance or accommodations to perform your job-related duties and those necessary accommodations are reasonable, your employer might be guilty of discrimination if they refuse to make those accommodations.

What is a reasonable accommodation?

A reasonable accommodation is anything that will help you perform your job and does not place an undue hardship on your employer. If that sounds vague, that’s because it is. An accommodation that is reasonable to a large employer may not be reasonable to a small employer because the cost is too great. This is why it is important to seek help from experienced employment law attorneys.

What laws protect employees from disability discrimination?

Employees in New York are protected by both federal and state laws when it comes to disability discrimination. At the federal level, the Americans with Disabilities Act (ADA) prohibits employers with 15 or more employees from treating workers unfairly based on an actual or perceived disability. The ADA also requires employers to provide reasonable accommodations unless doing so would cause undue hardship.

New York state law goes even further. The New York State Human Rights Law (NYSHRL) applies to employers with as few as four employees and covers a broader range of disabilities. New York City’s Human Rights Law is one of the most comprehensive in the country, offering additional protections to workers with physical, mental or medical conditions.

If you believe you have been treated unfairly due to a disability, understanding which law applies to your specific case can help you decide what steps to take next.

What are some examples of disability discrimination at work?

Disability discrimination can take many forms, some obvious and others more subtle. A few common examples include:

Refusing to hire a qualified applicant because they have a disability
Terminating an employee after they disclose a medical condition
Failing to engage in a dialogue about potential reasonable accommodations
Demoting or reassigning someone because they took time off for treatment
Jokes, harassment or a hostile work environment related to someone’s disability

Employers have a legal obligation to treat disabled employees fairly. When that line is crossed, it could signal an ADA violation or a breach of New York’s labor protections.

Can my employer fire me because of my disability?

Firing someone because of a disability is illegal under both the ADA and New York law. If you are qualified to do your job, with or without a reasonable accommodation, you have the right to keep that job without being punished for your condition.

That said, an employer can still terminate an employee for reasons unrelated to their disability, like misconduct or poor performance. But if your termination came shortly after you disclosed a disability or asked for accommodations, that timing may be a red flag. As such, keep records and consider whether the decision was truly performance-based or discriminatory in nature.

What should I do if my employer denies my request for a reasonable accommodation?

Employers are required to consider reasonable accommodations for employees with disabilities. These may include:

Schedule adjustments
Modified job duties
Assistive devices
Time off for medical treatment

However, an employer does not have to approve every request; they only need to provide reasonable accommodations that do not create an undue hardship on their business.

If your request is denied, ask for a written explanation. You also have the right to ask your employer to engage in an “interactive process” to explore alternatives. If they refuse to participate or deny accommodations without good reason, this may be an ADA violation or a violation of New York’s local laws.

Keeping detailed notes about the request and the employer’s response can be helpful if you need to take further action.

Are mental health conditions considered disabilities under the law?

Yes, mental health conditions are protected under both the ADA and New York law. Conditions like depression, anxiety, bipolar disorder, PTSD and other psychiatric diagnoses may be covered if they substantially limit one or more major life activities.

It is also important to know that mental health conditions are treated with the same seriousness as physical disabilities under the law. You do not have to “prove” the condition to co-workers or tolerate being judged at work. If your mental health affects your ability to do your job and you request a reasonable accommodation, your employer has a legal obligation to consider that request in good faith.

Is disability discrimination limited to physical disabilities?

Not at all. Federal and New York laws cover a wide range of physical, mental, emotional and neurological conditions. These might include chronic illnesses like diabetes or lupus, learning disabilities or temporary impairments that limit your ability to function.

The key factor is whether the condition substantially limits a major life activity. It does not have to be visible or permanent. Employers are therefore required to avoid assumptions and focus on each employee’s individual needs and capabilities, not stereotypes.

What rights do job applicants with disabilities have during the hiring process?

Job applicants are protected from discrimination from the moment they apply. Employers cannot refuse to hire someone simply because of a disability, as long as that person is qualified to perform the job’s essential duties with or without a reasonable accommodation.

You also do not have to disclose your disability unless you need an accommodation during the hiring process (such as extra time for a written test). If an employer asks illegal medical questions or requires medical exams before offering the job, that could violate ADA regulations, granting you grounds to pursue a claim.

How do I know if I have a disability discrimination claim?

Start by asking yourself these questions:

Were you treated differently at work because of a disability?
Did your employer refuse to provide reasonable accommodations even though they were medically supported and practical?
Were you demoted, fired or harassed after disclosing a disability?
Did the employer ignore their obligation to participate in an interactive process?

If you answer “yes” to any of these, you may have a valid disability discrimination claim under federal or New York law. To find out for certain, gather your evidence and schedule an appointment with a disability discrimination attorney. We can review your case and help you determine if you have a valid claim.

Do I need a lawyer to file a disability discrimination lawsuit?

While a lawyer’s services are not legally required to initiate a complaint, handling a disability discrimination lawsuit is highly complex. A New York disability discrimination lawyer’s assistance is essential to protect your rights under the Americans with Disabilities Act (ADA) and the stronger New York State Human Rights Law (NYSHRL). They help ensure you meet critical filing deadlines, gather necessary evidence, and negotiate with employers and opposing counsel for the outcome that best suits your situation.

What damages can I recover in a disability discrimination case?

If you succeed in a disability discrimination claim, you may recover comprehensive damages, including:

Back pay for lost wages and benefits from the time of the discrimination
Front pay for future lost earnings if reinstatement is not feasible
Compensation for emotional distress, pain and suffering
Punitive damages to deter future egregious misconduct

We can accurately calculate these damages, present compelling evidence and fight for the maximum recovery you are entitled to under New York law.

Can my employer retaliate against me for filing a disability discrimination complaint?

No. Retaliation is strictly illegal under federal and New York State law. You are protected from any adverse action for engaging in protected activity, which includes:

Filing a formal discrimination complaint.
Requesting a reasonable accommodation for your disability.
Participating as a witness in an investigation.
Opposing discriminatory practices in the workplace.

Protected activity shields you from retaliation such as termination, demotion, harassment, schedule changes or any other negative treatment. If retaliation occurs, you can file a powerful legal claim.

Can my employer ask about my disability during a job interview?

Generally, no. An employer in New York may only ask about your ability to perform the essential functions of the job, with or without an accommodation.

After making a conditional job offer, an employer may ask medical questions or require an examination, but only if all entering employees in the same job category are subject to the same inquiry.

What should I do if I suspect my employer is treating me unfairly because of my disability?

Take immediate, strategic steps to protect your rights and build a strong potential case.

Document everything in detail: Keep a dated log of incidents, communications and witness names.
Follow internal procedures: Submit complaints through official HR channels as per your handbook, in writing.
Make a clear request: If you need one, formally request a reasonable accommodation in writing from your employer.
Understand deadlines: You have 300 days from the discriminatory act to file a charge with the EEOC or NYSDHR.

Our New York employment lawyer can evaluate your case and help ensure your claim is properly filed and pursued.

What evidence do I need to prove disability discrimination?

You need evidence that connects your employer’s adverse action to your disability. This includes your medical records, which confirm your condition and requests for accommodation. Emails, texts and other communications can reveal an employer’s discriminatory intent or knowledge of your disability. Statements from co-workers who witnessed unfair behavior can also significantly strengthen your claim.

How long do I have to file a disability discrimination claim?

In New York, you generally have 300 days from the incident to file a federal claim with the Equal Employment Opportunity Commission (EEOC). New York state and New York City laws are more generous with time. Under these local laws, you have up to three years to file a complaint. These deadlines are absolute, so acting quickly is critical to preserving your rights.

Can I file a disability discrimination claim if I wasn’t hired due to my disability?

Federal state and city laws protect qualified applicants from disability discrimination during the entire hiring process. This protection is especially strong if you are qualified for the position and the employer could have provided a reasonable accommodation. The main challenge often involves proving that your disability was the true reason for their decision. Our attorneys can help you review the hiring process for evidence of discrimination.

What is the process for filing a claim with the EEOC?

Filing a claim with the EEOC involves several key stages, which our attorneys can assist you through. The general process includes these steps:

Starting an inquiry: Contact the EEOC through their website, by phone or by mail to begin the process.
Completing an interview: An EEOC representative will ask about your situation to determine if they can help you.
Filing a formal charge: Sign an official document detailing your discrimination allegations.
Participating in the investigation: The EEOC will collect evidence from you and your employer and may offer mediation.
Receiving a determination: The EEOC will either find evidence of discrimination or issue you a “right to sue” letter.

As your legal allies, we will work with you at every stage of this process. We will prepare all necessary documentation, coach you for interviews and communicate with EEOC officials on your behalf.

Contact A New York City Disability Discrimination Attorney

Our disability discrimination attorneys are available to answer your specific questions concerning disability discrimination in the workplace. We offer a free and confidential phone consultation. This is an opportunity for you to tell us about your workplace mistreatment, and we can assess your potential disability discrimination claims and discuss possible next steps. To schedule a phone consultation, you can send us a message or call us at 646-741-3490.