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, they 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.
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 or toll-free 866-654-0343.