Disability discrimination is prohibited by federal, state and local laws. Proving disability discrimination can sometimes be difficult. The following FAQs are meant to address some of the broad issues concerning discrimination based on a disability. However, nothing can make up for the advice that you receive from a skilled lawyer. For a free phone consultation with the attorneys of Fisher Taubenfeld LLP in New York, call 646-741-3490.
What is considered a disability under the law? Generally speaking, a disability is defined as a physical or mental impairment that restricts one or more major life activities. A major life activity 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 is considered to be discrimination. For example, if your employer refuses to promote you or fires you because of your disability, that would be discrimination. However, if you need additional assistance to perform your job-related duties, and any necessary accommodations are reasonable, and your employer refuses to make an accommodation, that is discrimination as well.
What is a reasonable accommodation? A reasonable accommodation is anything that will help you perform your job and does not place an undue hardship to 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 Us With Your Disability Discrimination Questions
We are here to answer your specific questions concerning disability discrimination in the workplace. Schedule a phone consultation with our attorneys by calling 646-741-3490 or toll-free 866-654-0343. You may also send an email directly through our website.