New York Disability Discrimination Lawyer
Disability discrimination occurs when an employer or other covered entity treats a qualified individual with a disability or perceived disability unfavorably because of such disability or perception thereof. As people live longer lives, the baby boom generation ages, and older workers remain in the work force for longer periods, the laws that govern discrimination on the basis of disability will only become more important. The Sanders Firm, P.C., is available to advise and represent employees alleging disability discrimination in employment.
Title I and V of the Americans with Disabilities Act of 1990 (ADA)
Title I and V of the Americans with Disabilities Act of 1990, aka the “ADA” protects qualified individuals with a disability, history of a disability or perceived to have a disability from being treated unfavorably because of such disability, history of a disability or perception of a disability. The ADA’S protections apply to both employees and job applicants. The ADA does not apply to federal employees or job applicants; they are covered by the Rehabilitation Act of 1973. Specifically, under the ADA, it is unlawful to discriminate against a person because of his/her disability with respect to any term, condition, or privilege of employment, including hiring, firing, layoff, compensation, benefits, job assignments, and training. The ADA requires to provide a reasonable accommodation to the employee or job applicant unless doing so would cause the employer undue hardship.
The ADA applies to employers with 15 or more employees, including state and local governments as well as employment agencies and labor organizations.
It is unlawful to harass a person because of his/her disability. It is also unlawful to retaliate against a person because he/she opposes employment practices that discriminates based on disability or for filing a charge, testifying, or participating in any way in an investigation, proceeding, or other litigation related to the ADA.
State and City Laws
The New York State Human Rights Law (NYSHRL) and New York City Human Rights Law (NYCHRL) applies to employers with 4 or more employees and offers broader protections. In 2005, the New York City Council explicitly rejected the notion that the NYCHRL is equivalent to its federal counterparts, despite any textual similarities between them.
Often employees or applicants will pursue claims of discrimination under the ADA, the NYSHRL and NYCHRL and in some cases, the Civil Rights Act of 1871, 42 U.S.C. § 1983. The Sanders Firm, P.C., is experienced in handling such matters.
If you feel that you’ve been the victim of disability discrimination, or would like to have an attorney review a severance agreement to ensure that your rights are protected, contact the New York Disability Discrimination Lawyer at The Sanders Firm, P.C., 800-371-4835, today.