Disability Discrimination Lawyer in New York and Long Island
The Americans with Disabilities Act (ADA) requires employers to make reasonable accommodations to help people with disabilities perform their jobs. The law also prohibits employers from 1) firing an employee because of his or her disability, perceived disability and/or medical condition, or 2) refusing to hire or promote otherwise qualified candidates based on their real or perceived disability or medical condition. It’s illegal to be fired or suffer any substantive negative/adverse employment action on the basis of your disability and or medical condition. If you are experiencing discrimination by your employer due to a medical condition, take the necessary legal action to protect your rights. Contact a Long Island and New York City Disability Discrimination Lawyer today.
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What is considered a disability?
Federal law protects individuals who are qualified for their job, but have a disability, as described by the US Equal Employment Opportunity Commission (EEOC), from workplace discrimination:
- A person may be disabled if he or she has a physical or mental condition that substantially limits a major life activity (such as walking, talking, seeing, hearing, or learning).
- A person may be disabled if he or she has a history of a disability (such as cancer that is in remission).
- A person may be disabled if he is believed to have a physical or mental impairment that is not transitory (lasting or expected to last six months or less) and minor (even if he does not have such an impairment).
The New York State Human Rights Law (NYSHRL) has a broader definition of what constitutes a disability:
“The term ‘disability’ means (a) a physical, mental or medical impairment resulting from anatomical, physiological, genetic or neurological conditions which prevents the exercise of a normal bodily function or is demonstrable by medically accepted clinical or laboratory diagnostic techniques or (b) a record of such an impairment or (c) a condition regarded by others as such an impairment….” The term applies to disabilities which, without reasonable accommodations, prevent a person from performing his or her job duties in a practicable matter.
The New York City Human Rights Law (NYCHRL) has an even broader definition of what constitutes a disability:
“The NYCHRL simply defines disability as “any physical, medical, mental, or psychological impairment, or a history or record of such impairment….” The NYCHRL’s definition of a disability tends to be much more liberally construed than that of the ADA or the NYSHRL.
At Leeds Brown Law, P.C., we understand the distinction between the words “inability” and “disability” and have been working to get that message across to employers for over 30 years. Disability discrimination can have a serious impact on one’s career. Actions that may be considered disability discrimination or retaliation may include termination, demotion, decreased pay, disciplinary actions, negative performance reviews or suspension.
Reporting disability discrimination
If you feel you are or were the target of disability discrimination at work, you may want to consider expressing your concerns to management or your Human Resources department. It is illegal for your employer to take any negative/adverse employment actions against you for lodging a complaint of disability discrimination. If you feel your concerns are left unaddressed or you feel retaliated against for lodging a complaint, contact a Leeds Brown Law disability discrimination lawyer in NYC or Long Island.
Contact a Leeds Brown Law disability discrimination lawyer in New York City or Long Island
Our clients benefit from our experience with discrimination cases and the team-based approach we apply to handling their cases. By utilizing a team-based approach, we can ensure that should you have questions or concerns regarding your case, there will always be an attorney able to assist. This approach also enables us to perform a more comprehensive analysis of the legal issues involved in your case. Leeds Brown Law has over 30 years of successful experience fighting for the rights of employees who have been subjected to discrimination or harassment at work. We’re sensitive to the needs of our clients should they require confidential settlement negotiations, mediation or arbitration, or a jury trial. Protect your career, your rights as an employee, and your rights as a human being. Contact us today for a free, confidential consultation.
Contact Leeds Brown Law, P.C. | (212) 661-4370 / (516) 873-9550