Disability & Perceived Disability Discrimination

Disability Discrimination Lawyers in New York City

Facing Discrimination for a Disability? Call (646) 490-0221 Today!

No employee with a disability can be discriminated against by their employer. This mandate is regulated by law at all levels, including federal, state, and local jurisdictions.

Unlawful discrimination against you based on a disability or perceived disability will only cease once you stand up for your rights as an employee in New York. At Schwartz Perry & Heller LLP, our New York City disability discrimination attorneys can guide you through this complicated legal process, right up to litigation in a courtroom.

Why should you trust our experienced team of lawyers?

110+ years of total legal experience
Super Lawyers® on staff
Membership in the Million Dollar Advocates Forum®
AV® Preeminent™ Rating by Martindale-Hubbell®

If you believe that you have been a victim of workplace discrimination due to your disabilities, you can contact Schwartz Perry & Heller LLP. Our New York disability discrimination attorneys can help you file a claim to protect your rights.

We charge you nothing upfront for an initial consultation so please do not hesitate to reach out to us as soon as you think you need help with your disability discrimination case. Call our office at (646) 490-0221!

What is the Americans With Disabilities Act?

The Americans with Disabilities Act (ADA) is the main piece of legislation that protects a disabled worker’s rights to fair employment. Additionally, the ADA states that employers must make reasonable efforts to provide accommodations for any employees, or third-party visitors such as vendors and patrons, with disabilities.

What is Disability Discrimination?

Discrimination against someone a disability may occur in one of numerous ways. In some instances, a manger or executive may make a derogatory comment about an employee’s disability and subsequently penalize them; although it may be claimed that the employee’s disability had nothing to do with the decision to admonish their work performance, the inappropriate comment would indicate otherwise.

Disability discrimination can impact your employment in a number of ways, including:

Initial job application submittal
Hiring interviews and process
Firing, termination, or layoffs
Promotions and advancement
Compensation and bonuses
Job training opportunities

One of the most common ways disability discrimination manifests, however, is when an employee will not accommodate a disabled employee within reason, which causes them to fail at essential job functions as described in their employment contracts.

What is Perceived Disability Discrimination?

In an unusual change of circumstances, perceived disability discrimination occurs when an employer has come to the belief that you are disabled in some way and discriminates against you, despite you not having that perceived disability.

Many perceived disability discrimination cases involve an employer falsely believing that an employee’s actual disability is far worse and more debilitating than it is in actuality. For example, you may require a wheelchair to get around the office but it does not slow you down; your boss, however, does not want to assign courier-related tasks to you because they have convinced themselves that you experience hampered mobility.

What Is A Reasonable Accommodation?

When an employee has a disability, their employer is legally required to provide reasonable accommodation so that they can perform their job properly. According to the ADA, a reasonable accomodation is "a modification or adjustment to a job, the work environment, or the way things are usually done during the hiring process."

The following are examples of a reasonable accommodation:

Installing a ramp or making the office layout more accessible
Providing screen readers, video phones, and other assistive technologies
Providing sign language interpreters or making work materials available in braile
Modifying company policies to allow service dogs or more flexible work schedules

For more information about reasonable accomodations in your workplace, you can contact theJob Accommodation Network. If you have a disability and your employer has failed or outright refused to provide reasonable accomodation, you have the right to file a claim for disability discrimination.

How Do I Prove Disability Discrimination In The Workplace?

Proving disability discrimination in the workplace involves several key steps:

Document Everything: Keep detailed records of all instances of alleged discrimination, including dates, times, locations, and individuals involved. Save any relevant emails, memos, or other communications.
Medical Documentation: Obtain medical records that verify your disability. Ensure these documents clearly outline your condition and any necessary accommodations.
Request Accommodations in Writing: Submit formal accommodation requests to your employer in writing. This creates a paper trail showing you sought reasonable accommodations for your disability.
Witnesses: Identify any coworkers or supervisors who witnessed the discriminatory behavior. Their testimonies can strengthen your case.
Company Policies: Review your employer’s policies on discrimination and accommodations. This can provide context and show whether the employer violated their own guidelines.
Seek Legal Advice: Consult with NYC disability discrimination lawyers at Schwartz Perry & Heller LLP They can offer expert guidance, help gather evidence, and represent you throughout the legal process.

Taking these steps can significantly bolster your claim and help ensure your rights are protected.

Understanding Disability Discrimination in New York City

Living and working in New York City comes with its unique set of challenges, especially for individuals with disabilities. The fast-paced environment and the competitive job market can sometimes lead to situations where your rights as an employee are overlooked. At Schwartz Perry & Heller LLP, we understand the specific pain points faced by New Yorkers dealing with disability discrimination.

New York City is governed by state and local laws protecting employees from discrimination. The New York City Commission on Human Rights (NYCCHR) is a local government that enforces the city's Human Rights Law, offering robust protections against disability discrimination. Additionally, the New York State Division of Human Rights (NYSDHR) ensures that your rights are upheld across the state.

One common issue in NYC is the lack of reasonable accommodations in older buildings, which can make it difficult for employees with disabilities to perform their job duties effectively. Whether it's the need for accessible entrances in historic buildings or the requirement for assistive technologies in modern offices, these challenges are all too familiar to New Yorkers. Our team is well-versed in navigating these local nuances and can help you address these issues head-on.

Another significant pain point is the high cost of living in New York City, which can make the financial impact of job discrimination even more severe. Losing a job or being denied a promotion due to disability discrimination can have devastating effects on your livelihood. Our attorneys are committed to helping you secure the compensation you deserve so you can continue to thrive in this vibrant city.

We also recognize the importance of community resources in supporting individuals with disabilities. Organizations like the Mayor's Office for People with Disabilities (MOPD) provide valuable services and advocacy to ensure New Yorkers with disabilities can live and work with dignity. While we are not affiliated with these entities, we acknowledge their crucial role in the community and can guide you on effectively leveraging these resources.

Protecting Your Rights Against Disability Discrimination

At Schwartz Perry & Heller LLP, our team of experienced disability discrimination lawyers is dedicated to protecting the rights of individuals who have faced discrimination based on their disability. We understand the complexities of disability discrimination laws and are committed to fighting for justice on behalf of our clients.

Whether you have been denied a job opportunity, faced harassment in the workplace, or experienced unequal treatment due to your disability, our attorneys are here to provide you with the legal guidance and support you need. We will work tirelessly to hold accountable those who have violated your rights under the Americans With Disabilities Act.

If you believe you have been a victim of disability discrimination, don't hesitate to today for a confidential consultation. Let us help you navigate the legal process and seek the justice you deserve.

If you face disability discrimination in New York City, don't hesitate to contact Schwartz Perry & Heller LLP. Our deep understanding of the local landscape and our commitment to your rights make us the ideal choice for navigating your legal journey.

Contact the New York City disability discrimination attorneys at Schwartz Perry & Heller LLP to learn about your right to compensation after a violation of your ADA rights.

Commonly Asked Questions

What should I do if I believe I've been discriminated against due to a disability at work?

If you suspect that you've been subjected to workplace discrimination due to your disability, it's crucial to take action. Contacting Schwartz Perry & Heller LLP can be your first step towards protecting your rights. Their New York City disability discrimination attorneys can help you understand your legal options and assist in filing a claim. Remember, you are entitled to an initial consultation at no upfront cost, so don't hesitate to reach out for professional legal support.

How can Schwart Perry & Heller LLP assist me with my disability discrimination claim in New York?

Schwartz Perry & Heller LLP offers years of legal experience to support your disability discrimination claim in New York. With a team that includes Super Lawyers and a membership in the Million Dollar Advocates Forum, they provide knowledgeable guidance through the legal process, including litigation if necessary. Their commitment to your rights is backed by a strong track record and a dedication to achieving justice for their clients.

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"Always available, conscientious and extremely knowledgeable."
Outstanding lawyer. Always available, conscientious and extremely knowledgeable. Excellent at following-up both with his clients and with opposing counsel. Regardless of the size of the case, Brian will put in the work and always treat his clients with the utmost professionalism and respect.

- N.W.
"I trusted them entirely."
I received the most compassionate and professional assistance from SP&H. I felt that Mr. Heller truly cared about me and the situation I was in. He was able to be my voice during a difficult time. He responded promptly to any correspondence, took the time to explain to me any questions or concerns, and helped ease any kind of stress that I had during a dispute with a previous employer. I highly recommend this firm. You are not just a number, they treat you like family. I trusted them entirely. I thank you from the bottom of my heart for all of your devoted time and effort in my legal matter.

- A.M.
"Their integrity, personal attention, and knowledge are superior."
Schwartz, Perry & Heller, LLP are the most skilled Lawyers for your discrimination case in the Tri-State area. Their integrity, personal attention, and knowledge are superior. They won my case and can win yours. Nothing beats the best.

- D.K.
"Caring, smart, highly skilled negotiators"
Davida Perry and Brian Heller are very caring, attentive and highly skilled negotiators who gave me expert representation to win my negotiation and achieve my goals.

- D.
"Words are inadequate to express how truly grateful I am to Schwartz & Perry, especially Brian Heller for his help."
Words are inadequate to express how truly grateful I am to Schwartz & Perry, especially Brian Heller for his help. I first met Mr. Schwartz and Brian Heller a few years ago when I was working at an international firm in an IT role when I contacted them for the free consultation because I felt that I was being setup to be fired. I knew I was being treated unfairly by my manager. I felt utterly helpless and had no idea who to turn to. After meeting with Mr. Schwartz and Brian Heller, I came to understand that the unfair treatment I endured was actually discrimination. They counselled me through being fired and negotiating a settlement; an extremely upsetting and exhausting experience. They explained the rules of employment law while treating me with dignity and kindness. Due to the skill and knowledge of these attorneys, I received a substantial settlement and was able to move on to another company with my self-respect intact and without the financial hardship that would have resulted from losing my job. They also ensured that this employer could not damage my reputation going forward with future employers. Recently, when I had another issue with a different employer; I called Brian Heller right away. I knew that Brian, being extremely well versed on the latest employment laws, would be able to help me. Brian carefully guided me and I was able to “ride the wave” of unprofessionalism and threats of litigation coming my way from my former employer’s attorney. My former employer thought that they could bully and frighten me into staying with them longer so that my new job opportunity would no longer be available, and then they could let me go when it was convenient for them - and I’d be out of work. They didn’t know that I have a Secret Weapon – Brian Heller! Once Brian was on the case, those threats ceased and I was able to accept my new wonderful job and leave the worry and stress behind. I highly recommend Brian Heller and Schwartz & Perry as a firm. Over the years Brian has always treated me with kindness and respect and I have peace of mind because I have someone I trust who is on my side, who can guide me and who is willing and extremely capable of protecting my rights.

- Former Client
"From day 1 of the consultation to the very end I felt like the most important client to the firm."
Amazing team of Attorneys. From day 1 of the consultation to the very end I felt like the most important client to the firm. Brian Heller who I dealt with personally was amazing. Whether it was a call or email responses were very prompt and I was kept informed every step of the way. Even a few calls just to check in and say hello. Truly an incredible experience and I would recommend them to anyone seeking justice. If they take your case they will fight with you to the end. A+

- D.W.
"We remain tremendously grateful for his support and look forward to working with him again."
On short notice, Brian Heller reviewed contracts with complex international dimensions and found important discrepancies that I and other senior-level executives had missed completely. He was fast, thorough, and detail-oriented in providing pragmatic advice that enabled us to be sure that we were getting the fairest and best possible treatment under the law. We remain tremendously grateful for his support and look forward to working with him again.

- Eric
"Davida Perry not only did an amazing job calming down my nerves but she fought for me tooth and nail and did a great job securing what my past employer owed me."
After having a terrible experience at my last job, facing the anxiety again of having to rehash the treatment was daunting. Davida Perry not only did an amazing job calming down my nerves but she fought for me tooth and nail and did a great job securing what my past employer owed me. I won’t lie, there were moments I wanted to give up, but Davida was always there to help me stay focused and realize that I didn’t need to let them win. She was really great at countering all of their arguments, I pity anyone that would try to prove her wrong. She thought of everything we need and kept me constantly updated. Mostly what I appreciated about Davida was her kindness, and her genuine care for my mental health. She wanted to make sure I was taking care of myself during a very trying time. I cannot recommend this firm enough. They all clearly care about their clients and want to do best for you. Don’t be afraid to stand up for yourself, and if you’re worried about the challenges that lie ahead be sure to team with Schwartz Perry & Heller, they will have your back and fight for justice.

- T.B.

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