Disability Discrimination

The New York disability discrimination attorneys at the Law Office of Risman & Risman, P.C. have years of experience in dealing with disability discrimination actions.

A disability should never disqualify a qualified individual from obtaining employment or being terminating from employment in any field. Federal (ADA), New York State  and New York City Laws protect employees from workplace discrimination based on a disability or even a perceived disability.  The New York disability discrimination attorneys at the Law Offices of Maya Risman, P.C. are here to protect your rights under the law 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.

New York State (New York Executive Law) and City (New York City Human Rights Law) also provide protections against disability discrimination that are in many cases broader than what is even covered on the ADA, and reinforce and expand the rights of disabled individuals. New York State and City law also 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 office place is accessible to individuals with disabilities.

The attorneys at The Law Office of Risman & Risman, P.C. have experience in dealing with all the facets and intricacies of disability discrimination. The disability discrimination attorneys at the Law Office of Risman & Risman, P.C. 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.