What Are the Rights of New York Employees With Disabilities?

Workers with temporary or long-term disabilities may request reasonable accommodations from their employer in order to perform their jobs. For example, an employee with a wheelchair has the right to request that a ramp or other accommodation be provided so that the worker can move easily throughout the workplace. Workers with disabilities in New York are protected from employment discrimination under federal, state, and city laws. If your employer has refused a reasonable accommodation, denied you a well-deserved promotion, refused to hire you, terminated your employment, or compensated you unfairly because of a disability, you may be able to file an employment discrimination claim to recover the compensation your employer owes you or restore you to your previous position. Moreover, it is unlawful for any employer to retaliate against an employee who files an employment discrimination complaint, so enlisting the guidance and support of a highly qualified and caring New York employment discrimination lawyer is the best way to ensure that your rights remain protected at every opportunity. Suffering any act of employment discrimination can be isolating and disorienting, especially if you are unsure of your legal rights and options in the face of such matters. Let’s take a closer look at the employment rights of disabled workers in New York and some of the steps you can take to report these unlawful violations and recover the compensation you need to move forward into a brighter future.

Understanding ADA Rights for Employees in New York

The Americans with Disabilities Act (ADA) “is a federal civil rights law that prohibits discrimination against people with disabilities in everyday activities.” This law “guarantees that people with disabilities have the same opportunities as everyone else to enjoy employment opportunities, purchase goods and services, and participate in state and local government programs.” In other words, this federal legal protection is designed to ensure that people with disabilities can have the same employment opportunities as other qualified candidates and that a hiring or employment decision cannot be made on the basis of a person’s ability or disability. The ADA recognizes many types of disabilities, including cancer, diabetes, HIV, cerebral palsy, epilepsy, blindness, traumatic brain injury (TBI), mobility impairments, deafness, and many other conditions, illnesses, or limitations. When it comes to employment, the ADA requires employers to “provide people with disabilities an equal opportunity to benefit from employment-related opportunities available to others. This includes things like recruitment, hiring, promotions, training, pay, and social activities.” Additionally, it’s important to understand that the ADA applies to all employers with 15 or more employees. An employee with a disability has the legal right to request that reasonable accommodations be made to facilitate job accessibility and performance.

Reasonable Accommodation Rights For Disabled Workers

Federal and state laws compel employers to provide reasonable accommodations for workers with disabilities upon request. According to the U.S. Equal Employment Opportunity Commission (EEOC), a reasonable accommodation “is any change in the work environment or in the way things are customarily done that enables an individual with a disability to enjoy equal employment opportunities.” Examples of reasonable accommodations include: offering part-time or modified work schedules; making existing facilities more accessible to wheelchair users; modifying equipment; providing qualified readers or interpreters; changing tests, training materials, or policies; or reassigning an employee to a vacant position, among other requests. However, it’s essential to recognize that an employer has the right to deny an accommodation request if it would cause undue hardship (i.e., the request is too expensive, disruptive, dangerous, or impossible to implement). It’s up to the employer to engage in an interactivedialogue with the employee regarding any requests for reasonable accommodations so they can arrive at a solution that works best for all parties.

Disabled Employee Rights at the New York State Level

While the ADA covers employers with 15 or more employees, the New York State Human Rights Law (NYSHRL) applies to all employers in the state of New York. According to the NYSHRL, “Factors to be taken into consideration to determine ‘undue hardship’ include: the overall size of the business and its budget; the benefit provided by the accommodation toward removing the impediment to performance caused by the disability; and the hardship, costs, or problems it will cause for the employer, including those that may be caused for other employees.” It’s up to the employer to inform job applicants and new employees of their employment rights for disabled workers and the procedures for requesting reasonable accommodations. This interactive process between employers and employees, where the employee has the duty to notify the employer of the disability and make a request for reasonable accommodation, and the employer has the right to select the reasonable accommodation (as long as it is effective in meeting the need), is designed to support open and ongoing communication between the parties. Should any issues arise along the way, contact a knowledgeable employment discrimination attorney right away to discuss your options and understand your legal rights.

Filing an Employment Discrimination Claim in New York

If you have reason to believe that your employer denied you a promotion, neglected to hire you (even though you were the most qualified candidate), or terminated your employment because of your disability, it’s important to familiarize yourself with your legal rights. Enlisting the guidance of a seasoned and skilled New York employment discrimination lawyer is the best way to receive the customized legal guidance you need to make informed decisions with greater confidence. When you meet with your attorney, you can evaluate the details of your case and identify the most strategic course of action. The dedicated and caring legal team at Levy Ratner is ready to help you file a claim with the most appropriate agency to recover the compensation you’re owed.

At Levy Ratner, we are proud to bring the knowledge and expertise that comes with decades of labor and employment law experience to every case we take on. If you have experienced employment discrimination in New York, call our office today at (212) 627-8100 to discuss your options and potential remedies with a dedicated and empathetic employment law attorney.