Legal Support for Disability Discrimination by the Top Employment Law Attorneys in New York

Discrimination based on disability is illegal under both state and federal law. At Shalom Law, we are committed to protecting the rights of employees with disabilities and ensuring they are treated fairly in the workplace. Our experienced attorneys in New York, are dedicated to helping employees across Queens, Brooklyn, Bronx, Manhattan, Staten Island, Nassau County, Suffolk County, and parts of Upstate New York navigate the complexities of disability discrimination claims.

Legal Protections Against Disability Discrimination

Discrimination on the basis of disability is prohibited by the New York State Human Rights Law (NYSHRL), the New York City Human Rights Law (NYCHRL), and the Americans with Disabilities Act (ADA). These laws aim to foster inclusive and accessible work environments, allowing individuals with disabilities to participate fully in the workforce.

New York City Human Rights Law (NYCHRL)

• Broad Protections: The NYCHRL is one of the most comprehensive anti-discrimination laws in the country, providing broader protections than the ADA.
• Independent Interpretation: The NYCHRL is interpreted independently of federal and state statutes, setting a higher standard for anti-discrimination.

Americans with Disabilities Act (ADA)

• Federal Standard: Under the ADA, an individual is considered disabled if they have a physical or mental impairment that substantially limits one or more major life activities.
• Major Life Activities: These include activities such as caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, and working, among others.

New York State Human Rights Law (NYSHRL)

• Liberal Construction: The NYSHRL defines disability more broadly than the ADA, including temporary or transitory conditions.
• Diagnostic Requirement: Disabilities must be demonstrable by accepted clinical or laboratory diagnostic techniques and reasonably accommodated in the workplace.

For more detailed information, you can refer to the New York State Division of Human Rights website.

Making a Disability Discrimination Claim

To make a disability discrimination claim, it is important to understand how disability is defined under different laws and the protections they offer.

Under the ADA

• Definition: A physical or mental impairment that substantially limits one or more major life activities.
• Documentation: Requires a record of such impairment or being regarded as having such an impairment.

Under the NYSHRL

• Broader Scope: Includes any physical, medical, mental, or psychological impairment, or a record of such impairment.
• Proof: Must be demonstrable by medically accepted diagnostic techniques.

Under the NYCHRL

• Broadest Definition: Any physical, medical, mental, or psychological impairment, or a history of such impairment.
• Inclusive: Covers a wide range of conditions, including those affecting various bodily systems.

Rights and Accommodations for Employees with Disabilities

If you have a condition that qualifies as a disability, your employer cannot take adverse action against you or refuse to provide reasonable accommodations. Reasonable accommodations may include:

• Workspace Modifications: Adjusting office layout to accommodate mobility impairments.
• Job Duty Modifications: Altering job responsibilities to fit the employee’s abilities.
• Flexible Schedules: Allowing extra time off for medical appointments or treatments.

Have You Been Discriminated Against Because of a Disability?

If your employer has refused to make reasonable accommodations or has penalized you for requesting accommodations, you might have a claim for disability discrimination. Conditions covered under the ADA, NYSHRL, and NYCHRL can vary, and our experienced employment law attorneys can help you determine the best legal approach.

How Shalom Law Can Help with your Disability Discrimination Case

The attorneys at Shalom Law are dedicated to fighting workplace discrimination in all its forms. We have years of experience dealing with disability discrimination cases and are committed to protecting your rights. 

Disability Discrimination FAQ