212.627.8100Employment laws are designed to protect workers from acts of discrimination or retaliation based on protected characteristics, such as race, ethnicity, age, sex, disability, and more. Employment-related decisions cannot be based on these characteristics, and an employer who denies an otherwise highly-qualified candidate a position or promotion based on their race or disability can be found in violation of federal, state, or local employment laws. However, acts of workplace discrimination can be tricky to identify, especially since most employers will deny any wrongdoing or attempt to cite other reasons for the denied promotion or other adverse action in order to avoid culpability.
As a worker with a disability, it’s essential to familiarize yourself with the legal protections available to you under the Americans With Disabilities Act (ADA) and the New York State Human Rights Law (NYHRL), among others. If you have reason to believe that you were the target of disability discrimination in New York, consider sharing these concerns with a highly experienced and dedicated New York employment discrimination attorney who can help you understand your options and identify the most strategic course of action. Whether your employer penalized you for requesting reasonable workplace accommodations, subjected you to an unfair performance review, or denied you a well-earned promotion because of a disability, it’s essential to recognize your legal options so that you can redress these violations of federal and state employment laws.
Understanding the Protected Rights of Employees With Disabilities in New York
The Americans With Disabilities Act (ADA) “makes it unlawful to discriminate in employment against a qualified individual with a disability.” As long as you are qualified and able to perform the essential duties or functions of the job, your employer cannot refuse to hire you because of a disability. Moreover, the ADA permits workers with disabilities to request reasonable workplace accommodations so that they can perform their essential job functions more comfortably. The employer must work with the employee to find a reasonable accommodation that does not pose an undue hardship on the employer (i.e., too expensive or impractical to implement within the confines of the workspace). The New York Human Rights Law (NYHRL) reinforces and even extends these protections beyond the workplace and into areas like housing, public places, and education. If you are interested in learning more about how these federal, state, and local laws apply to your situation, consider enlisting the services of a knowledgeable and caring New York ADA lawyer who can answer your questions, address your concerns, and advocate for your best interests at every opportunity.
Examples of Discriminatory Practices Due to Disabilities
Most acts of employment discrimination tend to be subtle, as employers try to hide these unlawful activities and use other justifications for denying promotions or penalizing workers with disabilities. Below are just a few examples of workplace disability discrimination to look out for as an employee in New York.
Disability-Based Discrimination in Hiring and Promotions
Employers are obligated to make employment decisions (i.e., hiring new employees, promoting workers, etc.) based on the candidate’s qualifications and experience—not on characteristics like age, race, or disability. Instances of employment discrimination often occur when an otherwise highly-qualified applicant is denied a promotion because of a disability or an employer refuses to hire a candidate because of a disability.
An Employer Refuses to Provide Reasonable Accommodations
The ADA and the NYHRL require employers to honor an employee’s request for reasonable accommodations. If the proposed accommodation is not feasible, the employer must still work with the employee to find a workable solution. Employees who have made requests for reasonable workplace accommodations in New York and are struggling with employers who are ignoring or even punishing them for these requests are highly encouraged to discuss their concerns with a skilled and experienced New York employment discrimination lawyer.
What To Do If You Suspect Employment Discrimination in New York
As an employee, experiencing any form of employment discrimination can be isolating, concerning, and stressful. It’s natural to feel alone and even ashamed in this situation, and you may worry that no one will believe you if you report the incident. However, as intimidated as you may feel at this moment, it’s important to recognize that you do not have to endure this challenging time all on your own. With a highly experienced and caring New York employment discrimination attorney by your side, you can better understand your legal rights and options so that you can make more informed decisions with greater certainty. Together, you can determine the best course of action, such as reporting the incident to your employer, filing a formal complaint, or taking the matter to litigation in order to recover damages and other legal remedies.
Frequently Asked Questions (FAQs) About Disability Discrimination in New York
Can an Employer Lower My Rating Due to Disability Accommodations?
No. This is considered a discriminatory practice under both state and federal employment laws.
What If I Was Passed Over For a Promotion Because of a Medical Condition?
You may have grounds for pursuing a discrimination claim. For more specific legal guidance, reach out to Levy Ratner, New York’s go-to employment discrimination law firm, today.
Federal and New York state employment protection laws safeguard the rights of workers with disabilities. If you suffered a promotion denial or other form of employment discrimination because of a disability, reach out to the highly qualified and caring legal team at Levy Ratner for the personalized and effective support you need during this difficult time. Please call our New York office today at (212) 627-8100 to get started.