Disability Discrimination Law Cases.
Disability Discrimination in New York State
Have you been discriminated against at work because of a Disability in New York City or in the State of New York?
If you have been denied employment, accommodation, or promotion at work because of a disability, you are long alone. Unfortunately, it’s an everyday occurrence in many workplaces.
Illustrative image depicting a potential situation involving disability discrimination in a New York City office
A disability should never prevent you from occupying a position for which you are qualified. All working men and women, regardless of their disability, have the right to get a good job based on their skills and abilities. In addition, a disability does not give your employer or colleagues carte blanche to discriminate or harass you in the workplace.
People with disabilities in everyday life are often denied employment opportunities because of their disability. If a company violates your fundamental employment rights, our disability discrimination lawyers can assist you in your EEOC or disability discrimination claim.
Employment discrimination on the grounds of disability occurs when an employer in the workplace or other setting treats a qualified person with a disability differently in terms of a job opportunity.
Americans with Disabilities Act (ADA)
Under the Americans with Disabilities Act (ADA) and the New York Human Rights Act, employers may not discriminate against a qualified person with a disability. In addition, employers must provide adequate accommodation for disabled people.
Illegal discriminatory employment practices relate to discrimination in recruitment and dismissal, working conditions, and vocational training. Discrimination can also be harassment in the workplace.
If a person is considered disabled under the ADA, they must fulfill one of three legal requirements:
- A person must have a physical or mental impairment that restricts one or more essential life activities.
- The person must put on record that they are considered disabled.
- If the person is disabled within the meaning of the law, their disability must affect an important activity in life, and proof must be provided that the disability exists, whether the person perceives it or not.
Given the above definitions, an examination of an ADA claim has two initial elements. First, the court must decide whether the claim relates to a disability that severely restricts a critical life activity. Secondly, there must be a restriction on activity that the court views as substantial.
Important life activities can be divided into two categories: tasks and functions.
Tasks include:
- Self-Care
- Seeing
- Hearing
- Walking
- Standing
- Sleeping
- Eating
- Bending
- Speaking
- Breathing
- Reading
- Learning
- Concentrating
- Thinking
- Communicating
- Lifting
- Working
Functions are defined to include but are not limited to:
- Immune System
- Cell Growth
- Digestion
- Intestinal
- Bladder
- Neurological
- Brain
- Respiratory System
- Circulation
- Endocrine
- Reproductive
Given the broad, non-exclusive definition of most ADA, the threshold for the investigation is based on whether a vital life activity is “limited” or “not limited.”.
The duration of the impairment will be a consideration to determine whether it is significant. If the impairment is expected to last for a short time or be less severe than average, a person may not qualify as disabled. Simply put, an impairment is limited to a vital life activity where the impairment is severe and expected to be ongoing.
If you feel that you’ve been discriminated against because of a disability, contact us today!
