The Sanders Firm, P.C.: New York Disability Discrimination Lawyer
In New York City, The Sanders firm, P.C. stands ready to represent those who have been the victims of disability discrimination. New York City offers employers a diverse workforce many of whom have documented disabilities that in no way interfere with their ability to perform job duties. The issue of disability discrimination will continue to be an important one as the aging Baby Boom generation continues to be an active and important part of the job force.
Often employees or job applicants who believe they have been the victims of disability discrimination will pursue claims of discrimination under the ADA, the NYSHRL, and NYCHRL. Additionally, they may also utilize the protections afforded under the Civil Rights Act of 1871, 42 U.S.C. § 1983.
What is Disability Discrimination?
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 their perception of that person and their disability. If a job applicant is qualified for a position an employer may not base their decision to not hire them on the applicant’s disability. In addition, an employer may not fire, demote, or treat an employee differently in terms of compensation due to that person’s disability.
Title I and V of the Americans with Disabilities Act of 1990 (ADA)
The Sanders Firm, P.C. is experienced and knowledgeable in regards to disability discrimination and protections afforded by Title I and V of the Americans with Disabilities Act of 1990 (ADA). The ADA protects qualified individuals with a disability, history of a disability or those perceived to have a disability from being treated unfavorably because of their disability, history of a disability, or perception of a disability.
The ADA’S protections apply to both employees and job applicants. 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 that employers 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. The ADA does not apply to federal employees or job applicants; the Rehabilitation Act of 1973 covers them.
If you oppose employment practices that discriminate based on disability or file a disability discrimination claim against an employer, it is unlawful for that employer to retaliate or harass you for doing so. You are also protected from such actions if you are testifying, or participating in any way in an investigation, proceeding, or other litigation related to the ADA. It is also unlawful to harass a person because of his/her disability.
New York State and City Laws
In representing clients who have a disability discrimination claim, The Sanders Firm, P.C. often does so under the New York State Human Rights Law (NYSHRL) and New York City Human Rights Law (NYCHRL). Both laws apply to employers with 4 or more employees and offer broader protections than federal statutes.
We Will Fight for You
The Sanders Firm, P.C. in New York is ready to work with and fight for your rights if you feel that you have been the victim of disability discrimination. We can also aid you in reviewing any severance agreement you may have in order to ensure that your rights have been protected. To speak with an experienced disability discrimination lawyer contact The Sanders Firm, P.C. We are ready to be your voice for justice and to fight for you if you have been the victim of discrimination.