Disability Discrimination Attorney in New York City

Dedicated to Fighting Disability Discrimination in Jobs Throughout New York

Under federal and state law, it is illegal to discriminate against another individual based upon perceived or actual disability in any context of life, from education to housing, employment to accessibility. Under New York City law, disability is defined as “a past or present physical or mental impairment that substantially limits or has limited one or more major life activities.”

Disability discrimination in the workplace may be intentional or unintentional by employers such as policies that may be neutral on face value, but in practice inhibit some employees in their functions. If you are a victim of disability discrimination in a New York City workplace, you need Brown Kwon & Lam.

According to the CDC, 26% of adults in the United States, nearly one in four, have some sort of disability, meaning that there are many employees in our workforce with disabilities. While many adults live with a disability, whether it’s permanent or temporary, they may still suffer unfair treatment, discrimination, and harassment in the workplace. However, federal, state, and local laws provide various protections to employees with disabilities.

Patterns of subtle discrimination can also be prevalent, such as when employers disregard requests for accessibility or provide inadequate adjustments. Ensuring compliance with regulations like the ADA is crucial for maintaining fair and lawful workplace practices.

At Brown Kwon & Lam, we help New York City employees protect their employee rights and fight back against employment discrimination, such as disability discrimination. If you have a disability, learn more about the rights you have in the workplace and what you can do to get help if your rights are violated.

Get in touch with a professional disability discrimination lawyer in NYC at Brown Kwon & Lam by completing our online form or dialing (212) 295-5828.

Common Occurrences Of Employment Disability Discrimination 

Disability discrimination can take forms in many ways. It is illegal for employers to discriminate against a qualified employee or applicant based on disability in any aspect of employment. Some forms of discrimination are more prevalent than others. 

Workplace discrimination can occur in the following ways:

• Hiring
• Firing
• Pay
• Job assignments
• Promotions
• Layoff
• Training
• Benefits
• Harassment
• Retaliation
• Failure to provide adequate accommodations
• Any other terms or conditions of employment

Unequal treatment in job assignments, exclusion from company activities, or not considering employees for promotions due to their disability are also common forms. Employers should regularly evaluate their practices to ensure they do not unintentionally marginalize employees with disabilities.

There are laws that protect employees and potential employees from such forms of discrimination.

Companies must also be proactive in identifying and correcting policies that inadvertently disadvantage employees with disabilities. Regular training sessions for staff and management can help foster an inclusive and supportive work environment.

Understanding The Americans with Disabilities Act

Under the Americans with Disabilities Act (ADA), “private employers with 15 or more employees, state and local governments, employment agencies and labor unions from discriminating against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions, and privileges of employment.”

The ADA also emphasizes the need for reasonable accommodation, which includes making necessary adjustments that enable an employee to perform essential job functions. These accommodations should be tailored to meet the specific needs of each worker while maintaining the standards required for business operations.

In 2008, the ADA expanded disability coverage to include:

• “An impairment that substantially limits one major life activity need not limit other major life activities to be considered a disability.”
• “An impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active.”
• “The determination of whether an impairment substantially limits a major life activity shall be made without regard to the ameliorative effects of mitigating measures such as (I) medication, medical supplies, equipment … prosthetics … hearing aids and cochlear implants … mobility devices, or oxygen therapy equipment and supplies; (II) use of assistive technology; (III) reasonable accommodations or auxiliary aids or services; or (IV) learned behavioral or adaptive neurological modifications.”

New York Human Rights Law for Disability

Under the disability provisions of the New York City State Human Rights Law, New York City employers must provide employees with “reasonable accommodations” that allow an employee or prospective employee with a disability to perform the activities involved in the position they are seeking.

This may include:

• Accessible worksite
• Modified equipment
• Support services for those who may be hearing or vision impaired
• Job restructuring
• Modified work schedule

In addition, though much of the responsibilities lie on the employer, employees must cooperate in providing medical or other information that is necessary to verify the existence of the disability or pregnancy-related condition, or that is necessary for consideration of the accommodation.

Under the law, such medical information is to be kept confidential. The New York City Human Rights Law encompasses many of the same principles but specifically protects those employees who work in New York City.

Employers must actively assess their workplace environment and practices to ensure they're compliant with these laws, fostering a culture of respect and equality. Failure to adhere can result in legal actions and damage to the organizational reputation.

Protecting Your Rights as an Individual with Disabilities

In New York City, if you believe you have been subjected to disability discrimination, there are imperative steps you should consider to protect your rights and seek redress. Initially, it is advisable to document all incidents of discrimination. This documentation should include dates, times, locations, and as much detailed information as possible about each incident, including the parties involved and any witnesses present.

Once you have a comprehensive collection of incidents, you may consider engaging in dialogue with your employer to address the discriminatory behavior. Bringing the issue to the attention of your human resources department can sometimes lead to a resolution or indicate patterns of discrimination that may need legal attention. However, if these steps do not bring about satisfactory change, consulting with a disability discrimination lawyer in New York is recommended. Attorneys at Brown Kwon & Lam can provide guidance on your rights and potential steps forward, leveraging extensive experience to handle these issues effectively and cautiously.

Connect with an experienced disability discrimination lawyer near you. Dial (212) 295-5828 or submit an online form to get started.

The Emotional Toll of Workplace Disability Discrimination

While the legal implications of workplace disability discrimination are significant, the emotional impact on individuals facing such discrimination is equally crucial. Experiencing consistent discrimination can lead to anxiety, depression, and a diminished sense of self-worth. Employees who grapple with discrimination often face overwhelming stress, which can impact their professional performance and personal lives.

Addressing the emotional toll requires a supportive network within and outside the workplace. Companies should foster environments where employees feel safe to express their concerns. Additionally, seeking professional therapy or counseling can be beneficial. If you're facing such difficulties, understanding that you're not alone and consulting with a supportive lawyer can also provide reassurance and the steps necessary to combat these challenges in a positive manner.

What Rights Do Employees With Disabilities Have?

Reasonable Accommodation

Reasonable accommodations help allow employees with disabilities to perform their job duties. Under state, federal, and local law, it could be considered discriminatory to deny an employee a reasonable accommodation so long as this accommodation doesn’t cause the employer undue hardship. What is considered an undue hardship may vary from employer to employer, as the resources employers have available to them can vary greatly.

These accommodations may include ergonomic workspaces, providing interpreters, and granting flexible work hours to ensure that employees can work effectively. Encouraging open dialogue between employers and employees about accommodation needs can also help address concerns proactively and more efficiently.

Confidentiality

The ADA also provides employees with confidentiality regarding their medical information. Employers must keep documents regarding an employee’s medical conditions and treatment separate from their personnel file. Employers also can’t discuss when an employee has requested or received a reasonable accommodation. However, there are situations where an employee with a disability or medical condition isn’t covered by the ADA’s confidentiality requirements. In some cases, an employer voluntarily discloses a disability in a way that’s unrelated to a medical injury. 

Employers may also need to share information regarding a disability or reasonable accommodations with others even when the employee is protected by the ADA. For example, supervisors may need to know about the disability or reasonable accommodation, or they may need to share this information with their insurance company. 

Maintaining confidentiality is crucial for fostering trust between employees and employers. Creating strict policies and regular training for management can ensure that privacy standards are upheld and respected in every situation.

What Damages Could Be Recovered in a Disability Discrimination Case?

When you face these forms of discrimination, you may wonder what you can be awarded in a successful lawsuit. Such damages awarded in New York disability discrimination cases include:

• Past lost wages
• Future lost wages
• Lost benefits
• Emotional distress
• Attorneys’ fees
• Punitive damages

Beyond monetary compensation, plaintiffs may also seek injunctive relief, which could involve policy changes within the organization or reinstatement to a position. Understanding your legal rights and potential remedies can empower you to pursue justice assertively.

Why Choose Us as Your Disability Discrimination Lawyer in New York?

The values we uphold at Brown Kwon & Lam revolve around advocating for the rights of those who face disability discrimination in the workplace. We are deeply committed to our clients, providing flexible availability and personalized attention to ensure that each case is handled meticulously. We are ardent advocates, working tirelessly to eliminate discrimination and foster fair workplaces. Your journey begins with a free consultation, which allows us to understand your situation and tailor a strong legal strategy to your specific needs. Count on us to be your steadfast allies in the fight for fairness and equality in the workplace.

When you choose us to represent you in a disability discrimination case, you can expect:

• Compassionate and personalized attention: We take the time to listen to your story and understand the unique circumstances of your situation. We believe in building strong relationships with our clients and providing them with the support they need throughout the legal process.
• Extensive knowledge and expertise: Our disability discrimination attorneys in New York have a deep understanding of federal and state laws regarding disability discrimination, including the Americans with Disabilities Act (ADA) and the New York City Human Rights Law. We stay up-to-date with the latest legal developments to ensure we provide you with the most effective representation.
• Strategic and aggressive advocacy: We are passionate about fighting for justice and holding employers accountable for their discriminatory actions. Our team will develop a robust strategy tailored to your specific needs, utilizing our skills in negotiation and courtroom procedures to pursue the best possible outcomes.
• Proven track record of success: We have a history of achieving favorable results for our clients in disability discrimination cases. Our attorneys have secured significant settlements and verdicts, helping our clients obtain the compensation they deserve for lost wages, emotional distress, and other damages.

If you believe you have been a victim of disability discrimination in the workplace, don't wait to seek justice. Contact Brown Kwon & Lam to schedule a free initial consultation with our experienced disability discrimination attorneys.

Contact Our Disability Discrimination Attorney in New York City, NY

Seeking justice for disability discrimination in NYC? Choose Brown Kwon & Lam, your trusted NYC disability discrimination lawyers. We're committed to defending your rights. Contact us today for a consultation. Your fight is our fight. Don't wait, let's stand together for justice!

For experienced guidance, turn to a skilled dsiability discrimination attorney in New York. Contact us or call (212) 295-5828 to secure a free consultation.

Frequently Asked Questions About Disability Discrimination in New York

How Does the New York State Human Rights Law Protect Employees?

The New York State Human Rights Law offers robust protections for employees facing disability discrimination. It mandates reasonable accommodation for employees with disabilities and defines this duty comprehensively. Employers are required to engage in a cooperative dialogue with the employee to determine an appropriate accommodation unless doing so would cause undue hardship. Importantly, the law applies to businesses of all sizes, unlike the ADA, which only applies to businesses with 15 or more employees.

What Should I Do if I Suspect Disability Discrimination?

If you suspect that you are experiencing disability discrimination, it's crucial to document every incident meticulously. Keeping a detailed record of interactions, emails, and any communication with your employer or HR department can be vital. Consulting with a disability discrimination lawyer in New York, such as those at Brown Kwon & Lam, can help you understand your rights and the next best steps for your situation.

Are Employers in New York Required to Employ Individuals With Disabilities?

While employers are not specifically required to hire individuals with disabilities, New York laws enforce an equal-opportunity employment policy. Employers must not discriminate in hiring processes and must provide reasonable accommodations, ensuring fair practices in evaluating all candidates' qualifications.

What Is Considered Unlawful Retaliation?

Unlawful retaliation occurs when an employer punishes an employee for filing a discrimination complaint or participating in a discrimination investigation. Retaliatory actions can include demotion, firing, salary reduction, or any action that would dissuade a reasonable employee from making a complaint. If you experience retaliation in response to exercising your rights, it's advisable to consult a disability discrimination attorney in New York to explore your options. Contact Brown Kwon & Lam as soon as possible.

Can Employees Be Fired for Requesting Accommodation?

No, employees cannot legally be fired for requesting a reasonable accommodation for their disability. Doing so constitutes disability discrimination. If an employer terminates an employee after such a request, it is often seen as retaliatory action. It's crucial to contact a disability discrimination lawyer in New York at Brown Kwon & Lam to defend your rights and potentially seek restitution if this occurs.

Helpful Resources

• New York City Commission on Human Rights - Disability Discrimination
• U.S. Equal Employment Opportunity Commission (EEOC)

If you believe that you were a victim of disability discrimination or harassment, contact Brown Kwon & Lam to get started with our NYC disability discrimination lawyer.