Disability & Perceived Disability Discrimination

New York Disability Discrimination Attorney

Understanding Disability Rights in New York City, NY

New York offers robust protections for individuals with disabilities through both state and city laws. The New York State Human Rights Law and the New York City Human Rights Law complement the federal Americans with Disabilities Act (ADA), ensuring comprehensive coverage against discrimination. These statutes mandate that employers of any size cannot discriminate based on disability at any stage of employment, including hiring, promotions, and firing. Furthermore, employers are required to provide reasonable accommodations unless it presents an undue hardship on the business.

At Schwartz Perry & Heller LLP, we proficiently navigate these local laws to protect our clients' rights. Our deep understanding of the complexities specific to New York laws allows us to effectively advocate for those who face workplace discrimination, ensuring they receive the expert legal guidance they need.

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!

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 enforced by law at federal, state, and local levels.

Unlawful discrimination 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 complex legal process, all the way 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 lawyers can help you file a claim to protect your rights.

What is the Americans With Disabilities Act?

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

The ADA not only sets a standard for disability rights but also serves as a foundational legal recourse against discriminatory practices. Employers are reminded that adherence to ADA guidelines is mandatory, reinforcing the legal backing available to employees facing discrimination.

What is Disability Discrimination?

Discrimination against someone with a disability may occur in numerous ways. In some instances, a manager 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 suggest otherwise.

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

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

One of the most common manifestations of disability discrimination is when an employer fails to accommodate a disabled employee within reason, causing them to struggle with essential job functions as described in their employment contracts.

What is Perceived Disability Discrimination?

In an unusual shift in circumstances, perceived disability discrimination occurs when an employer believes 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 actually is. For example, you may require a wheelchair to navigate the office, but it does not hinder you; however, your boss may refuse to assign you courier-related tasks, convinced that you experience hampered mobility. This type of discrimination can be particularly damaging as it unjustifiably limits professional growth.

What Is a Reasonable Accommodation?

When an employee has a disability, employers are legally required to provide reasonable accommodations to help them perform their job properly. According to the ADA, a reasonable accommodation is "a modification or adjustment to a job, the work environment, or the way things are usually done during the hiring process." These accommodations are designed to enable individuals with disabilities to have equal employment opportunities and perform essential job functions. Employers should engage in an interactive process with employees to identify suitable accommodations without causing undue hardship to the business.

The following are examples of reasonable accommodations:

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 braille
Modifying company policies to allow service dogs or more flexible work schedules

For more information about reasonable accommodations 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 accommodation, you have the right to file a claim for disability discrimination.

Employers should remember that providing accommodations is not just a legal obligation but a commitment to inclusive practices that benefit the workforce as a whole. By cultivating an adaptive atmosphere, businesses not only meet legal standards but also create an environment that maximizes employee productivity and morale.

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 provide 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.

Proactive engagement with a legal team like Schwartz Perry & Heller LLP is integral in navigating these processes. Their extensive experience allows them to offer a strategic approach tailored to your specific circumstances, making it crucial to reach out to attorneys with comprehensive knowledge of New York's legal framework.

Understanding Disability Discrimination in New York City Courts

The New York City court system is uniquely equipped to handle employment discrimination cases, including those related to disabilities. The city is home to specialized courts such as the New York Supreme Court’s Appellate Division, which hears cases involving employment rights, and the New York City Office of Administrative Trials and Hearings (OATH), which occasionally handles disability-related disputes at the city level. Familiarity with these courts can be an asset in building a strong case, and Schwartz Perry & Heller LLP has a rich history within these venues.

Unique procedural elements are involved in New York City courts, which may differ from other regions, such as specific filing procedures, evidence submission rules, and case timelines. Navigating these processes effectively is crucial, making experienced legal support essential in ensuring that your case is managed correctly from start to finish.

Frequently 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 Schwartz 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 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.

What legal protections are available for employees with disabilities in New York?

In New York, employees with disabilities have multiple layers of protection, including federal, state, and local laws such as the ADA, the New York State Human Rights Law, and the New York City Human Rights Law. These laws collectively make it illegal for employers to discriminate against qualified individuals with disabilities in all aspects of employment. Employers are also required to provide reasonable accommodations, ranging from altered workspaces to modified schedules, to ensure employees can perform their essential job functions.

What constitutes a reasonable accommodation under the ADA in New York?

A reasonable accommodation under the ADA is any change or adjustment to a job or work environment that allows a qualified individual with a disability to participate in the job application process, perform essential job functions, or enjoy equal benefits and privileges of employment. In New York, accommodations might include modifying work schedules, restructuring jobs, providing assistive aids, or making existing facilities more accessible. These accommodations should not impose undue hardship on the operation of the employer’s business, which can depend on the size and type of operation.

How do I start a claim if my employer refuses to accommodate my disability?

If your employer refuses to accommodate your disability, start by documenting all requests and responses meticulously. Then consult with a disability discrimination attorney at Schwartz Perry & Heller LLP. They can guide you through the process of filing a complaint with the Equal Employment Opportunity Commission (EEOC) or the relevant New York state and city agencies, such as the NYCCHR. Timely action is crucial, as there are specific deadlines for filing complaints and initiating legal proceedings.

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 contact us 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 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 online or call (646) 490-0221 to learn about your right to compensation after a violation of your ADA rights.

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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.

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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.

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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.

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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.

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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.

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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+

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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
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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.

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