Disability Discrimination

Workplace disability discrimination is an incredibly looming problem, which should not go unchecked. The New York City attorneys of Risman & Risman, P.C. have decades of experience in prosecuting all forms of disability discrimination.

Disability Discrimination Laws

A disability should never disqualify a qualified individual from obtaining employment or being terminating from employment in any field. Federal (American with Disabilities Act), New York State (New York State Human Rights Law) and New York City (New York City Human Rights Law) laws protect employees from workplace discrimination based on a disability or even a perceived disability. It is also a violation of the Family and Medical Leave Act (FMLA) to discharge someone that has taken leave or had requested to take leave under this law. Our New York disability discrimination attorneys are here to preserve your rights under these laws in order to combat disability discrimination.

Under the Americans With Disabilities Act of 1990 (ADA), civil rights law pertaining to employment was greatly expanded to include Americans who suffer from disabilities. The ADA prohibits discrimination against any individual in employment matters based on a disability, as long as the employee is sufficiently qualified to hold the position.

An individual with a disability is defined by the ADA as a person who has a physical or mental impairment that substantially limits one or more major life activities, a person who has a history or record of such impairment, or a person who is perceived by others as having such impairment. The ADA does not specifically name all of the impairments that are covered.

This act covers both disabilities that are permanent, as well as those that could only be temporary. Temporary disabilities include any short-term illness or condition that severely impacts a person’s normal routine and life – it does not necessarily have to be a permanent condition. Short-term disabilities could include pregnancy-related recovery time, treatment for trauma, as well as mental anguish post-traumatic stress disorder, back injuries, an adjustment in medications for such illnesses as cancer and HIV, for drug and alcohol addiction, disabilities and others.

The ADA also prohibits discrimination based on perceived disabilities, an area of law which has been examined in greater detail in recent years. Perceived discrimination takes on many forms, many times being an employment related decision based on employees’ perceived ability to complete a specific job, regardless of the actual presence of a disability or inability to complete the job.

Under the NYSHRL and NYCHRL, a disability is more inclusive than the ADA definition and simply requires that an individual demonstrate a  physical, medical, mental or psychological impairment or record of such impairment.

Common Forms of Disability Discrimination Which Fall Under the NYSHRL and NYCHRL

  • Cancer Disability Discrimination
  • Age Related Disability Discrimination
  • Heart Condition Disability Discrimination
  • Diabetes Disability Discrimination
  • Depression Disability Discrimination
  • Mental Illness Disability Discrimination
  • Sick Leave Discrimination
  • Panic/Anxiety Disorder Disability Discrimination
  • Bipolar/Manic Depression Disability Discrimination
  • Dyslexia Disability Discrimination
  • Back Condition Disability Discrimination
  • Learning Disability Disability

Many other health conditions can qualify as a disability under the NYSHRL and NYCHRL, and our veteran discrimination attorneys are ready to discuss your particulars to determine where you fall under the umbrella of accepted disabilities.

Reasonable Accommodation Protections

Additionally, the NYSHRL and NYCHRL provide more expanded protections against disability discrimination that are broader than what is even covered under the ADA, and further reinforce the rights of disabled individuals for the purposes of acquiring accommodation in the workplace. These laws mandate that employers must reasonably accommodate employees on account of their disability, including making any changes to the office to allow for employees to do their job without impediments. This includes making sure the workplace is accessible to individuals with disabilities and further requires an employer’s full cooperation and participation in an interactive process concerning an employee’s requests for reasonable accommodation.

Contact a Seasoned and Qualified Disability Discrimination Attorney

The New York City disability discrimination attorneys of Risman & Risman, P.C. have experience in dealing with all the facets and intricacies of disability discrimination. We are eager to discuss your concerns with you. There is no charge for the consultation. Please feel free to call us at (212) 233-6400 or contact us online.