The Americans With Disabilities Act
The Americans with Disabilities Act (ADA) is one of the most important legal protections for employees with disabilities. The ADA is a federal law prohibiting disability discrimination in any area of public life, including employment, and allowing disabled employees to use reasonable accommodations at work. The ADA regulates companies with 15 or more employees. If you believe your rights have been violated, a dedicated Elmont disability and ADA accommodation lawyer can help you navigate these federal regulations.
In 2024, the Equal Employment Opportunity Commission received 1,367 reports of disability discrimination violating federal laws, such as the ADA.
On top of the ADA, disabled employees in Elmont are protected under the New York State Human Rights Law (NYSHRL). Like the ADA, the NYSHRL prevents discrimination and harassment due to a disability in many areas of public life, such as employment. The NYSHRL protects a greater number of employees by applying to businesses of any size and independent contractors.
Types of Workplace Disability Discrimination
Unfortunately, one-third of workers with a disability report experiencing some form of disability discrimination. Common ways employers may violate your rights as a disabled employee include:
- Denying reasonable accommodations. Despite 68.4% of employers observing that accommodations were very or extremely effective, some employers still deny the use of accommodations.
- Making hiring decisions based on a disability. Disability status or accommodation needs should not be a factor in whether to hire an otherwise qualified individual.
- Making employment decisions based on a disability. Decisions about promotions, pay, or firing should not be impacted by disability status.
- Harassing an employee due to their disability. Pervasive or severe unwelcome conduct due to a disability is illegal and may contribute to a hostile work environment claim.
Around Elmont, many employees benefit from organizations such as Life’s WORC or Adult and Career Continuing Services – Vocational Rehabilitation (ACCES-VR). These programs can help employees work with dignity by providing vocational training and helping them find employment and accommodations that fit their needs.
Hire a Disability & ADA Accommodation Lawyer
With large power imbalances and a fear of retaliation, challenging a discriminatory employer is not easy. A skilled Elmond disability & ADA discrimination attorney can make this process easier by providing you with the legal information you need to build a strong claim against your employer.
A disability discrimination lawyer can help you prove disability discrimination by analyzing evidence and building an argument. You must have sufficient evidence proving your disability, your employer’s discriminatory behavior, and that their discrimination was a direct result of your disability or accommodations. Your lawyer can achieve this by using evidence such as:
- Records of communication between you and your employer
- Accommodation requests
- Records of prior complaints of disability discrimination
- Performance reviews
- Pay stubs
A lawyer can pursue a variety of remedies for your losses. Financial compensation is a common remedy, as it can make up for lost wages and benefits and other financial costs you have suffered. At Mesidor PLLC, we pursue policy changes in addition to financial compensation to protect individuals with disabilities. These changes may involve changing a discriminatory company policy or updating a system for responding to internal complaints of discrimination.
FAQs
What Disabilities Are Protected From Discrimination in New York?
Under the disability & ADA accommodation laws, all disabilities that substantially limit one or more of your major life activities are protected from discrimination. Protected disabilities can include physical and cognitive disabilities, as well as certain medical conditions. For example, mobility impairments, blindness, deafness, Down syndrome, autism spectrum disorder, major depressive disorder, and pregnancy are all protected disabilities.
What Factors Influence Compensation in a Workplace Disability Case?
Compensation is influenced by the types of damages you have suffered and their severity. An Elmont disability & ADA accommodation lawyer can evaluate your case for damages, and pursue compensation for medical costs, front pay, backpay, emotional pain, and legal fees. Punitive damages can increase compensation, though they are only available to punish an employer for willfully violating your rights or acting maliciously.
What Kinds of Accommodations Are Protected Against Discrimination?
In New York, accommodations that help you complete your job duties and are considered reasonable under the law, without causing undue hardship to the employer, are protected from discrimination. You and your employer should discuss what accommodations don’t cause them undue hardship. This may include using mobility aids, specialized equipment, accessibility software, schedule changes to accommodate medical appointments, a hybrid or remote work schedule, or allowing the use of a service animal.
What If an Employer Will Not Discuss Your Accommodations?
If an employer refuses to discuss your accommodations, you should file a formal complaint against them. An employer is required to participate in discussions about accommodations to implement accommodations that are both effective and reasonable. If, despite requesting to discuss accommodations or filing a complaint, your employer refuses to discuss accommodations or is retaliating against you when you request accommodations, you should file a claim.
Elmont Disability & ADA Accommodation Lawyer
If you were subjected to discrimination because of your disability or accommodations, you should hire a disability & ADA accommodation lawyer as soon as possible. The ADA and other disability laws can be complex, requiring specific evidence and arguments to successfully bring a discriminatory employer to justice. Contact Mesidor PLLC and let our knowledge and experience instill the confidence you need to pursue damages you may be entitled to.