Workplace disability discrimination is a significant and ongoing problem that 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 terminated from employment in any field. Federal (Americans 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 terminate or discipline an employee for taking or requesting qualifying leave. While the FMLA is separate from disability discrimination laws, employees with disabilities often have overlapping protections under both.

In New York, most private-sector employees are also covered by the New York Paid Family Leave (NY PFL) law, which provides paid time off to care for a family member with a serious health condition, bond with a new child, or assist loved ones when a family member is deployed on active military service. Employees are entitled to job protection and continuation of health insurance during NY PFL. Retaliation or adverse action for taking or requesting NY PFL can also violate the New York Labor Law.

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 can perform the essential functions of the job, with or without reasonable accommodation.

Under the ADA, this act covers permanent disabilities and, in some cases, temporary disabilities that substantially limit a major life activity. Temporary disabilities may include serious health conditions or injuries that substantially limit major life activities, though federal law generally excludes transitory and minor conditions lasting six months or less.

However, New York State and City laws are broader and do not require the condition to be permanent. Examples of covered temporary conditions under state and city law may include pregnancy-related complications, recovery from surgery or trauma, post-traumatic stress disorder, certain back injuries, adjustments in medications for illnesses such as cancer or HIV, and treatment for drug and alcohol addiction.

The ADA also prohibits discrimination based on perceived disabilities, an area of law examined in greater detail in recent years. Perceived discrimination can occur when an employment-related decision is made based on an employee’s assumed ability to perform a specific job, regardless of whether the employee actually has a disability or any limitation in performing the job.

Under the NYSHRL and NYCHRL, a disability is more broadly defined than under the ADA and requires only that an individual demonstrate a physical, medical, mental, or psychological impairment, or a 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 (where leave is related to a disability)
– Panic/Anxiety Disorder Disability Discrimination
– Bipolar/Manic Depression Disability Discrimination
– Dyslexia Disability Discrimination
– Back Condition Disability Discrimination
– Learning Disability Discrimination

These are only examples. Many other health conditions may qualify as a disability under the NYSHRL and NYCHRL, and our attorneys can assess your individual circumstances to determine whether you are protected.

Reasonable Accommodation Protections

The NYSHRL and NYCHRL provide broader protections than the ADA and reinforce the rights of individuals with disabilities to receive reasonable accommodations in the workplace. These laws require that employers make adjustments or modifications that allow employees to perform their jobs without unnecessary barriers. This includes ensuring that the workplace is accessible and that the employer participates in an interactive process to explore possible accommodations.

Under the New York City Human Rights Law, employers must also engage in a legally required cooperative dialogue with employees who request accommodations and provide a written determination of the outcome.