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.
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 (917) 540-8565 to schedule a free consultation with our Long Island employment discrimination attorney.
Long Island Employment Discrimination Attorneys
-
Nima D.
This firm cares and knows how to properly assess the merits of your case. I know because I'm an attorney. I had retainer agreement offers from 4 other firms and Ricotta was my 1st choice based on their belief in my case and fair terms.
-
Kel K.
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.
-
J.T.
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.
-
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.John L.
Defining 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.
.2412021100303.png "SL Ricotta")
We’re committed to protecting your rights and ensuring you’re treated with the respect and fairness you deserve, free from discrimination and harassment.
Disability Discrimination as Harassment
Disability harassment can include offensive comments about a person’s disability, jokes about disabilities, or other harassing behaviors. It is critical to understand, however, that a mere comment in the workplace is typically not enough to constitute unlawful harassment. For a person to file a harassment claim, the behavior usually must be either so frequent or serious that it creates a hostile work environment.
Employers Must Provide Reasonable Accommodations
Employers on Long Island are required to provide reasonable accommodations to employees with disabilities. Reasonable accommodation should be tailored to the specific needs of the employee. Examples of reasonable accommodations might include but certainly are not limited to 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; or
- Allowing the employee to have a flexible work schedule.
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.
Contact our Long Island disability discrimination attorneys today to get started on your claim.
Our Settlements & Verdicts
-
$15 MIL Plaintiff on Bianco v. Flushing Hospital Medical Center
-
$1 MIL Olsen, et al. v. The County of Nassau, et al.
-
$875K Wallace v. Suffolk County Police Department
-
$523K Penniston v. The New York City Department of Education (Co-Counsel)
-
Norton v. Town of Islip UFSD, 011 U.S. Dist
-
Green v. City of New York 2010 U.S. Dist.
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.
