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Disability Discrimination Lawyers

Disability Discrimination Lawyers in Long Island, NY

Fighting For Disability Discrimination Victims in New York

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 disability discrimination attorneys in Long Island. Nobody should face adverse treatment in the workplace or job application process as a result of their disability.

What is Disability Discrimination?

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.

If you or a loved one has experienced employment discrimination, you may be unsure of where to turn for assistance. Call Ricotta & Marks, P.C. today at  (917) 540-8565 to schedule a free consultation with our Long Island disability discrimination attorney.

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    “Their knowledge, commitment, and understanding of my situation has been exceptional.”
    Due to a termination letter I received I needed clarification, consultation, and advice on how to move forward. Ricotta & Marks has definitely been the best place to be to help me through the law jargon. Thank you for having my best interests in mind.
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    Tom Ricotta’s sound advice, calm demeanor, and willingness to advocate for your rights was invaluable. I highly recommend Tom’s abilities and am grateful for his assistance.

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    “They helped settle my case very quickly, and I received a great settlement in the end.”

    Mr Marks is an amazing lawyer. He is always kind and respectful and there for me whenever I need him. I want to thanks Mr Marks and the firm for everything. I highly recommend you guys. Thanks again for everything.

    Kel K.

Understanding Disability Discrimination

In Long Island workplaces, disability discrimination violates both federal and state law. Under federal law, the Americans with Disabilities Act of 1990 (ADA) prohibits discrimination in employment against qualified individuals with disabilities. The ADA defines a disability as a physical or mental impairment that substantially limits one or more major life activities. The New York Human Rights Law (NYHRL) also prohibits disability discrimination in the workplace.

The definition of a disability that qualifies for ADA protection can sometimes be confusing. To be protected under the ADA, you must have—or have a history of—a condition that results in substantial impairment. This is defined as an impairment that significantly limits a major life activity such as hearing, seeing, speaking, walking, breathing, performing manual tasks, caring for oneself, learning, or working.

Common Examples of Disability Discrimination

Disability discrimination can appear in several forms in Long Island workplaces, including the following:

  • Intentional prejudice based on a person’s disability.
  • Denying a person access to a job due to concerns about the disability.
  • Advertising for workers without certain physical limitations due to disabilities, even if those limitations don't prevent someone from doing the job.
  • Having a “no pets” policy that does not allow service animals for employees.
  • Offering promotions or benefits only 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 during a job interview.
  • Unlawfully denying reasonable accommodations to an employee.
  • Making slurs or derogatory comments about an employee with a disability.
  • Terminating an employee because of the employee’s disability.
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We’re committed to protecting your rights and ensuring you’re treated with the respect and fairness you deserve, free from discrimination and harassment.

What is Disability Harassment?

Disability harassment includes offensive comments about a person's disability, jokes about disabilities, or other harassing conduct. However, one offhand remark usually is not enough to create a legal claim. To file a harassment claim, the behavior must be frequent or severe enough to create a hostile work environment.

Employers Must Provide Reasonable Accommodations

Employers on Long Island must provide reasonable accommodations to employees with disabilities. Reasonable accommodations should address an employee's specific needs. Examples of reasonable accommodations include the following:

  • Providing a reader for an employee who is blind.
  • Providing a sign language interpreter for an employee who is hearing impaired.
  • Making the workplace wheelchair accessible.
  • Providing reserved parking for the employee.
  • Altering the format of training materials.
  • Adjusting workplace equipment.
  • Allowing the employee to have a flexible work schedule.

Local Support & Resources For Disability Discrimination Claims

Long Island residents dealing with workplace disability discrimination have access to several government and advocacy agencies. The New York State Division of Human Rights maintains an office serving Nassau and Suffolk counties, offering a place for workers to ask questions or file complaints related to employment law. Community groups also help by providing information about legal options and connecting workers with local events or workshops.

Employers in the region often attend training and review agency guidance to meet their responsibilities. Local efforts create a network of support, making it easier for employees to find timely information, referrals, and educational materials specific to Long Island. Drawing from years of experience in this community, Ricotta & Marks, P.C. can point you to resources and help you interpret guidance relevant to your situation.

Frequently Asked Questions About Disability Discrimination

What Steps Should I Take if I Experience Disability Discrimination at Work?

If you experience disability discrimination at your workplace, the first step is to document everything. Keep records of incidents, including dates, times, and any communications or witness accounts. Report the discrimination to your HR department or management as soon as possible. Make it clear that the treatment is unwelcome, and seek a copy of your workplace's policy on discrimination. If the problem remains unresolved or if you fear retaliation, contact our experienced Long Island disability discrimination lawyers for further action. Remember, federal and state laws are on your side, and with our support, you can secure a fair resolution while striving to improve workplace standards.

Are Employers on Long Island Required to Make All Accommodations?

Employers in Long Island are obliged to provide reasonable accommodations for employees with disabilities as long as these accommodations do not cause undue hardship on the business. An accommodation is considered reasonable if it enables employees to perform their duties effectively and safely. Examples of undue hardship may include significant financial strain or a substantial alteration to the operation of the business. When discussing accommodations with an employer, it is important to be prepared to explain why you need certain adjustments and how they will help you in your role. Our disability discrimination attorneys can guide you through this process and advocate for your rights when necessary.

Can Disability Discrimination Include Retaliation?

Yes, retaliation against an employee for asserting their rights under disability discrimination laws is a form of discrimination. This can take many forms, such as demoting employees, reducing their hours, changing their job duties, or making their work environment hostile. Retaliation is illegal, and employees who experience such behavior should document it carefully and seek legal counsel promptly. Our team at Ricotta & Marks, P.C. can help you pursue protective measures and legal remedies to stop the retaliation and restore a fair workplace environment.

How Are Disability Discrimination Cases Resolved?

Resolving disability discrimination cases may involve various avenues depending on the situation. Some matters are settled internally within the company after being reviewed by HR. Others may require mediation from an external body such as the EEOC or NYSDHR. Legal action may be necessary if these methods do not lead to a satisfactory conclusion. Each route presents different opportunities and challenges, and our disability discrimination attorneys can help you pursue the best strategy tailored to your unique circumstances. We strive for fair resolutions that uphold your rights and set precedents for improved workplace practices.

What Proof Do I Need for a Disability Discrimination Claim?

To prove a disability discrimination claim, you will generally need to show evidence that you have a qualifying disability under the law, that you were qualified for your job or position, and that you experienced an adverse action—such as termination, demotion, or denial of reasonable accommodations—because of your disability. Documentation from medical providers, workplace records, communications with your employer about your condition or accommodations, and testimony from coworkers or witnesses can all play an important role. The goal is to establish both that you were capable of performing your essential job duties and that your employer’s actions were directly connected to your disability, rather than based on legitimate business reasons.

Contact our Long Island disability discrimination attorneys today to get started on your claim.

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Contact Our Disability Discrimination Attorneys in Long Island Today

When you are experiencing disability discrimination in the workplace or your employer refuses to provide you with a reasonable accommodation under the ADA, you should know that one of our experienced Long Island disability discrimination attorneys can assist you. You have rights under state and federal law, and we can help to ensure that your workplace is a safe and healthy one that is compliant with federal and state laws concerning disability protections. 

Contact Ricotta & Marks, PC today at (917) 540-8565 to get started with our disability discrimination lawyers in Long Island, NY.

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