NYC Disability Discrimination Attorneys
Federal and state laws prohibit acts of disability discrimination, but unfortunately, this type of discrimination still occurs today in NYC workplaces. In general, disability discrimination occurs when an employer makes a hiring or work-related decision based on an individual’s disability, and in most cases, that hiring or work-related decision is adverse and puts the disabled individual at an unfair disadvantage. The Americans with Disabilities Act (ADA) is the main piece of legislation that protects a disabled worker’s right for fair employment. Violations of this act, and other laws protecting disabled workers, can make the employer liable in a lawsuit in New York Civil courts.
At Hoffmaier & Hoffmaier, our NYC disability discrimination attorneys are passionate and dedicated to protecting disabled workers’ rights, and through close, one-on-one communication and vigorous legal representation, we’ll diligently litigate for your rights and seek compensation for damages incurred. Our goal is to hold the responsible individuals accountable for their actions, while making sure that justice is served. For a free, no-obligation with our employment law attorneys, call Hoffmaier & Hoffmaier in NYC today.
What is Disability Discrimination?
Disability discrimination is a form of judging an employee’s (or applicant’s) professional capabilities based on a disability or a perceived disability. Often, the discrimination serves as an unjust barrier for the disabled individual’s career growth. For instance, disability discrimination can occur at any of the following stages:
- Initial job application submittal
- Hiring interviews and process
- Firing, termination, or layoffs
- Promotions and advancement
- Compensation and bonuses
- Job training opportunities
In addition to the following situations, disability discrimination can also occur when an employer doesn’t make a reasonable accommodation for the disabled employee. According to the Americans with Disabilities Act (ADA), employers must make must make reasonable efforts to provide accommodations for any employees, or third-party visitors such as vendors and patrons, with disabilities or perceived disabilities. Reasonable accommodations can include modifications to the work environment or the way the job is done, and it can include changing the employee’s schedule, making facilities available to the disabled, modifying training materials, and modifying or buying new equipment.
Proving that Disability Discrimination Occurred
Whether you’re applying for a job, you were denied an expected promotion, or you were fired, it’s important to remember that New York is, for the most part, an employment-at-will state, meaning that employers can fire employees without needing to provide a reason. Legal recourse in these situations is limited, but if discrimination occurred, the employer can be liable.
To know whether or not you’re a victim of disability discrimination, it can help to look at the facts of the case. For example, some instances of discrimination could include:
- Co-workers have been insulting or acting hostile towards you, and management is aware of this and is doing nothing to stop them.
- Your employer hasn’t met your reasonable request for an easy-to-build, inexpensive bathroom facility.
- Your disability is affecting your ability to perform your work, and a more suitable position (that you’re qualified for) opens up within the company. Instead of transferring you to that position, the company fires you.
- You are about to be promoted when your boss finds out about your disability. The boss thinks your disability will be a problem and gives the promotion to someone else.
- In order to favor non-disabled workers, the disabled workers are generally left out of meetings and other events.
Call Hoffmaier & Hoffmaier Today for Legal Representation
Disability discrimination is a terrible occurrence that shouldn’t occur in today’s workplaces. Unfortunately, this type of discrimination still occurs in NYC workplaces. As dedicated advocates of the ADA and disabled workers’ rights, we at Hoffmaier & Hoffmaier ensure a robust, comprehensive legal representation. Our employment law and discrimination attorneys will work with you, one-on-one, and we’ll continuously fight for justice and your rights. For a free, no-obligation consultation with our employment attorneys, call Hoffmaier & Hoffmaier in NYC today at (212) 777-9400.