212.627.8100As an employee, you are entitled to certain legal rights and protections to ensure that you are treated fairly and compensated appropriately by your employer. Although many companies honor federal, state, and city employment laws, some employers violate such laws and discriminate against certain applicants or employees. Unfortunately, identifying clear acts of employment discrimination can be challenging, as most employers will deny any wrongdoing and provide alternate explanations in order to justify the denial of a promotion or the firing of an employee. For example, an employer accused of denying a hard-earned promotion to an employee who is 55 in favor of a much younger, less qualified employee will likely deny that the decision was based on the ages of the candidates, even if age was the determining factor. In New York, employment discrimination because of a disability or physical limitation is illegal under federal, state, and New York City laws. If you have reason to believe that your employer has denied you a promotion based on your disability instead of your qualifications, you have the right to seek legal counsel as soon as possible to better understand your rights and options for taking legal action against the employer. Enlisting the guidance of a highly qualified and caring New York disability discrimination lawyer is the best way to maximize your chances of securing a fair and just outcome. Let’s take a look at disability discrimination laws in New York and some of the steps you can take to redress violations of your legal rights.
Identifying Disability Discrimination in the Workplace
Disability discrimination in the workplace takes many shapes and forms. According to the New York City Bar Association, “disability discrimination happens when an employer makes an employment decision based on your disability and not your skills, qualifications, or how well you do your job.” In other words, it is illegal for an employer to make hiring, firing, promotion, or other decisions based on anything other than your qualifications, job performance, and skills. Moreover, an employer in New York cannot ask potential employees questions about disabilities or physical limitations. New York State’s Division of Human Rights specifies that “an employer should not make any inquiry of potential employees that expresses or reflects discrimination as to a disability.” For example, an employer cannot ask a potential new hire questions like, “Do you have a disability?” or “Have you ever received worker’s compensation?” as these could indicate bias on the part of the employer. Even if you are not absolutely certain that your employer has discriminated against you because of a disability, it’s helpful to discuss the specifics of your situation with a knowledgeable and experienced employment law attorney to assess your legal options.
Examples of Disability Discrimination in the Workplace
There are several types of disability discrimination in the workplace, many of which can be subtle or difficult to identify. According to the U.S Equal Employment Opportunity Commission (EEOC), it is unlawful for your employer to discriminate against you because of “your race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, age (age 40 or older), or genetic information.” The EEOC aims to protect workers from employment discrimination that involves unfair treatment, harassment, denial of a reasonable workplace accommodation, improper questions about or the disclosure of medical information, and retaliation because you reported an incident of workplace harassment or discrimination. Below are a few examples of disability discrimination that could occur in the workplace.
Harassment or Creating a Hostile Work Environment
It is illegal for a manager or coworker to make jokes or disparaging comments about disabilities. Even if your coworker claims that the joke “was all in good fun,” such comments can be considered a form of harassment that contributes to a hostile work environment where you may feel uncomfortable, unwelcome, or unsafe. If someone at your place of work is calling you names, asking inappropriate questions, or making jokes about your disability or about disabilities in general, you have the right to take action and report this illegal behavior.
Failing to Accommodate an Employee’s Disability
The Americans With Disabilities Act (ADA) requires employers to honor an employee’s request for reasonable workplace accommodations. Under this federal law, employers are required to make reasonable accommodations for employees with disabilities as long as the request is not financially impossible or poses undue hardship. For instance, if you ask to perform your assigned duties from a chair instead of on your feet, your employer must work with you on this accommodation. Failing to comply with requests for reasonable accommodations is against the law, so discuss your legal rights and options with your employment disability discrimination lawyer to learn more.
Denying a Qualified Employee a Promotion Due to a Disability
When an employer makes decisions regarding the hiring, promotion, or termination of an employee, it must consider only nondiscriminatory factors, such as the individual’s skills, qualifications, and job performance. It would violate the law for an employer to offer a promotion to an employee with less skill or experience because that person does not have a disability that requires reasonable accommodation or absences from work because of medical appointments related to the disability. If you believe that your employer has denied you the promotion you deserve because of a disability, reach out to a trusted and caring employment law attorney who can advocate for your best interests and enforce your legal rights at every opportunity.
Talk to a Caring Disability Discrimination Lawyer Today
Experiencing workplace discrimination is often stressful and isolating. It’s common to feel as if you have no one to turn to, and you may hesitate to report the incident because you worry that no one will believe you or that nothing will change. However, as overwhelmed and disheartened as you may feel right now, it’s essential to recognize that you do not have to navigate this challenging situation on your own. Reach out to a caring and supportive New York disability discrimination attorney today to start exploring your legal options and understanding your legal rights.
If you believe that your employer has denied you a well-earned promotion because of a disability, you have the right to seek legal counsel in order to understand your rights and options. Call Levy Ratner today at (212) 627-8100 to discuss the details of your case with a highly qualified and dedicated New York employment law attorney.