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New York Disability Discrimination Lawyers Against Workplace Discrimination

Living with a disability comes with its own set of challenges, but facing discrimination in the workplace should never be one of them. Thankfully, employees with disabling conditions are shielded by powerful legal protections designed to ensure fairness and equality.

The cornerstone of these protections is the Americans with Disabilities Act (ADA)—a landmark piece of federal legislation passed in 1990 that represents a pivotal step toward creating inclusive workplaces across the nation. Covering all federal workers and private employers with 15 or more employees, the ADA not only prohibits discrimination but also mandates reasonable accommodations to empower employees with disabilities to thrive. Over the years, this groundbreaking law has evolved, expanding its scope to recognize and protect an even wider range of conditions, reaffirming its commitment to the rights and dignity of all workers.

The ADA Definition of Disability

The ADA defines a disability as:

  • A physical or mental condition that substantially limits at least one of a person’s major life activities, such as eating, hearing, seeing, learning, standing, walking, breathing, hygiene, bending, lifting or sitting
  • Having a record of such impairment
  • Being regarded as having such an impairment
  • Employees also are protected from discrimination for having a history of a condition — such as bipolar disorder, depression or alcoholism, or some other disability — if they no longer have it. The act covers those who were wrongfully perceived to have a condition based on an employer’s faulty assessment that they have or had a disability as well.

Labor organizations, employment agencies and joint labor-management committees are also covered under the ADA. Federal employees are protected under the Rehabilitation Act of 1973, which is largely the same as the ADA. You are also protected from discrimination based on a disability under the New York Human Rights Law that applies to employers with more than four employees.

Understanding NYC Disability Discrimination Laws

New York City offers some of the most comprehensive protections for employees with disabilities through the New York City Human Rights Law (NYCHRL). Unlike federal law, which covers employers with 15 or more employees, the NYCHRL applies to employers with four or more employees, ensuring broader protections for workers. This law also requires employers to provide reasonable accommodations unless doing so would cause undue hardship.

If you’ve faced workplace discrimination due to a disability, consulting an experienced NYC disability discrimination lawyer is essential. Our attorneys understand the intricacies of NYCHRL and are dedicated to protecting your rights.

Contact us today for a free consultation with a trusted NYC disability discrimination attorney.

What Impairments are Specifically Recognized as a Disability under the ADA?

The following impairments are considered disabilities under the ADA:

  • Intellectual disability
  • Emotional or mental illness
  • Alcoholism
  • Asthma
  • AIDS and symptoms
  • Cancer
  • Cerebral palsy
  • Epilepsy
  • Depression
  • Bipolar disorder
  • Loss of body parts
  • Migraine headaches
  • Paralysis
  • Thyroid gland disorders
  • Qualified Employees with Disabilities

How NYC Disability Discrimination Attorneys Can Help You

Facing discrimination in the workplace can be an isolating and overwhelming experience. Our NYC disability discrimination attorneys advocate for individuals who have been unfairly treated due to their disabilities. From handling the initial investigation to filing complaints with agencies like the New York State Division of Human Rights or the Equal Employment Opportunity Commission (EEOC), we are here to guide you every step of the way.

Our dedicated disability discrimination lawyers can help you:

  • Understand your rights under NYCHRL, ADA, and other applicable laws.
  • Evaluate your case to determine the best legal strategy.
  • Pursue remedies, including back pay, reinstatement, and compensation for emotional distress.

Call us now for a free case evaluation with a dedicated NYC disability discrimination lawyer.

Disability Questions – What Can (and Cannot) be Asked in an Interview?

When applying for a position with a covered employer, you may not be asked if you have a disability but may be asked if you can perform the essential tasks or functions of the job. You are considered to be a qualified employee if you have the skills, experience and education for that position and can perform the essential functions of the job with or without an accommodation.

If you say you can perform the job but that you need an accommodation, then the employer must provide one or demonstrate that it would present an undue hardship. Also, your impairment need not last for a specific duration or be permanent; it can be as short as 6 months, so long as it substantially limits a major life activity when its symptoms are present.

Further, even if medication, hearing aids, medical devices or therapy can mitigate your disability, these are not to be considered in determining whether you meet the definition of being impaired under the ADA. The only exception to this is if wearing ordinary eyeglasses or contact lenses satisfactorily improves your vision.

Common Examples of Disability Discrimination in NYC Workplaces

Disability discrimination can take many forms, some of which may not be immediately apparent. Examples include:

  • Denial of reasonable accommodations, such as modified work schedules or assistive devices.
  • Harassment or creating a hostile work environment due to a disability.
  • Unlawful termination, demotion, or refusal to promote based on a disability.
  • Retaliation for requesting accommodations or filing a discrimination complaint.

If you’ve experienced any of these or other discriminatory actions, speaking with a disability discrimination attorney in NYC can help you understand your legal options.

 Don’t wait—contact our NYC disability discrimination attorneys today for a free consultation and case evaluation.

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It was great working with Jack and Deborah. Having to deal with legal matters with your employer is a stressful situation, but they made the process as seamless as possible. They clearly explained the process, kept me updated as to the progress, and always advocated on my behalf. I highly recommend working with them.

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How Do You Prove Discrimination?

NYC Disability Discrimination FAQs

Reasonable accommodations play a vital role in ensuring employees with disabilities can thrive in the workplace. Under NYCHRL, employers are required to engage in a cooperative dialogue with employees who request accommodations, exploring all potential options before denying a request.

Accommodations may include:

  • Modifying work hours or job duties.
  • Providing adaptive equipment or technology.
  • Offering additional training or support.
  • Reassigning the employee to a vacant position they can perform.

Employers who fail to engage in this process or deny accommodations without just cause may be in violation of NYC disability discrimination laws.

Contact our NYC disability discrimination lawyers for a free consultation to learn how we can help ensure your rights are respected.

New York Disability Discrimination Lawyer Bill SipserYou can file a disability discrimination complaint with either the New York State Division of Human Rights (if filing under the state’s Human Rights Law), or with the Equal Employment Opportunity Commission (EEOC) if under Title VII of the 1964 Civil Rights Act. If under the ADA, you can file a complaint with the Department of Justice, with a federal agency that provides funding if a public entity is involved or an agency designated in Title II of the ADA.

There are deadlines in filing with each of these agencies. Our attorneys can advise and assist you on following the deadlines and in filing your complaint. If successful, your remedies may include: reinstatement; promotion; providing a denied reasonable accommodation; granting of benefits previously denied; back pay; compensation for infliction of emotional distress; attorney’s fees; and/or costs associated with filing and litigation.

If you have been or suspect you have been discriminated against regarding any terms or provisions of your employment, promptly contact our offices to speak to one of our disability discrimination attorneys for a discussion of your case and legal options.

It’s important to act quickly if you believe you’ve been discriminated against due to a disability. Both federal and state laws have strict deadlines for filing a claim. Under the NYCHRL, you typically have one year to file a complaint with the New York City Commission on Human Rights. For claims under the ADA, you must file with the EEOC within 300 days of the discriminatory act.

Missing these deadlines could prevent you from pursuing your case, so consulting with a disability discrimination lawyer in NYC as soon as possible is critical.

Call us today to ensure your rights are protected and begin the process of seeking justice.

At Tuckner Sipser Weinstock & Sipser, we are committed to fighting for justice on behalf of employees with disabilities. With decades of experience in workplace discrimination cases, we understand the unique challenges faced by individuals with disabilities and are passionate about advocating for their rights.

When you work with us, you’ll benefit from:

  • Personalized attention from an experienced NYC disability discrimination lawyer.
  • Comprehensive knowledge of federal, state, and city laws protecting employees.
  • Aggressive representation to maximize your compensation and achieve justice.

Schedule your free consultation today to discuss your case with an experienced NYC disability discrimination attorney.

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