Federal, New York State and New York City laws prohibit employers from discriminating against individuals with disabilities or individuals who are perceived to have disabilities.
American with Disabilities Act (ADA)
The Americans with Disabilities Act (ADA), which became law in 1990, protects people with disabilities from discrimination in employment.
According to the law, 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
If you have been fired or subjected to other adverse job action because of a disability or because you needed time off to go for medical treatment, your employer may have violated the law. When your disability does not physically prevent you from performing the essential functions of your job, the law requires that your employer must make “reasonable accommodations” in your situation, whether you are a full-time or part-time employee.
What Are Reasonable Accommodations?
Reasonable accommodations can include modifications to the work environment or to the way the job is customarily done to help a disabled employee perform the duties of the job. Examples of reasonable accommodation can include modifying the employee’s work schedule, making facilities accessible to the disabled (e.g. making ramps), modifying tests and training materials and modifying or buying new equipment. Where the New York City Human Rights Law applies, the employer is required to make an inquiry into the type of reasonable accommodation(s) that can be implemented to meet your particular needs. If this was not done, this law may very well have been violated.
Protecting Your Right to Employment
At the Law Offices of William Cafaro, our attorneys have extensive experience representing individuals with disabilities who have experienced discrimination in the workplace. Because disability discrimination always involves medical issues, you need attorneys who are also experienced in personal injury and medical malpractice. These issues may be foreign to many employment attorneys, but at the Law Offices of William Cafaro, we will quickly master any medical issues involved in your case if we are not familiar with them already, and we will always have a better understanding of them than the defense attorneys or any other employment attorneys who you may have chosen to represent you. We will work with your treating doctors in order to get the documentation you need to substantiate your disability discrimination claim. We seek the maximum damages to which you are entitled, including back pay, expenses, emotional distress, punitive damages and attorneys’ fees. If appropriate in your case, we also pursue injunctive relief to right the wrong you experienced.
Contact a New York Discrimination Lawyer
If you believe your employer is discriminating against you because of a disability or perceived disability, laws exist to protect you. The attorneys at The Law Offices of William Cafaro would be pleased to arrange an appointment to discuss your concerns with you. There is never any charge for the initial consultation. Call our law firm at (212) 583-7400 to schedule an appointment.
Our response to an e-mail inquiry cannot create an attorney-client relationship or authorize us to do any work on your case.