Long Island Disability Discrimination Lawyers
New York Disability Discrimination Attorney Representing Long Island Employees
Disability discrimination can occur anytime an employer (or potential employer) treats a job applicant or an employee unfavorably as a result of that person’s known disability, because that person has any type of physical or mental impairment that is expected to last six months or longer, or because the employer “perceives” that an applicant or employee has a disability.
According to the U.S. Equal Employment Opportunity Commission (EEOC). Employers cannot treat applicants or employees with visible or invisible disabilities unfavorably, and they cannot advertise jobs that unlawfully discriminate against people who have documented disabilities. In addition, the law requires an employer to provide a disabled employee with a reasonable accommodation as long as the accommodation would not cause any undue hardship to the employer, which the EEOC defines as an accommodation that would “cause significant difficulty or expense.”
Whether you have been discriminated against on the basis of your disability, or you have been treated unfavorably at work due to your relationship with another person who has a disability, you should seek advice from one of our experienced Long Island disability discrimination lawyers. Nobody should face adverse treatment in the workplace or job application process as a result of their disability.
Defining Long Island Disability Discrimination
In Long Island workplaces, disability discrimination is unlawful under both federal and state law. In terms of federal law, the Americans with Disabilities Act of 1990 (ADA) says that it is “unlawful to discriminate in employment against a qualified individual with a disability.” The ADA defines a disability as “a physical or mental impairment that substantially limits a major life activity.” Under state law, the New York Human Rights Law (NYHRL) prohibits disability discrimination in the workplace.
The definition of a disability that qualifies for ADA protection can be a bit confusing in some cases. In order to be eligible for protection under the ADA, you must have (or you must have a history of) a condition that results in “substantial impairment,” which is understood to be “one that significantly limits or restricts a major life activity such as hearing, seeing, speaking, walking, breathing, performing manual tasks, caring for oneself, learning, or working.”
Disability discrimination can take many different forms in a Long Island workplace, including but not limited to:
- Intentional prejudice based on a person’s disability;
- Attempt to deny a person access to a job due to concerns about the disability;
- Advertising for workers without certain physical limitations due to disabilities that the employer believes would make it difficult but not impossible for such people to do the job;
- Having a “no pets” policy in the workplace that expressly includes any service animals for employees;
- Offering promotions or certain benefits to employees who are not disabled;
- Offering better shifts or job responsibilities to employees who do not have a documented disability;
- Asking job applicants to describe their physical or mental impairments in a job interview;
- Unlawfully denying reasonable accommodations for an existing employee;
- Making slurs or derogatory comments about an employee who has a disability; or
- Terminating an employee because of his or her disability.
Queens and Long Island
Labor Employment Lawyers in Queens and Long Island
Advocating on Behalf of
At Ricotta & Marks, P.C., we represent employees in a broad spectrum of legal matters, including:
Wage & Hour Disputes
At Ricotta & Marks, P.C., employment law is our sole focus. We have represented teachers facing a broad spectrum of legal issues and we are committed to protecting teachers’ rights. To learn more, please do not hesitate to contact us and schedule a free initial and confidential consultation at our Queens or Long Island offices today.
Sometimes these “Jekyll and Hyde” switches occur because a superior learned something about a subordinate that then caused him or her to have a negative bias, like the employee was of a certain religion or sexual orientation. Sometimes the reason is more obvious, like a bias against people of a certain race, being male or female, a woman becoming pregnant or people with disabilities.
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