Am I Experiencing Disability Discrimination In New York?

In the last two or three years, so much about the ‘standard’ New York workplace has changed fundamentally. However, as employers adapt and change to a new normal, some things do remain the same – namely, that no worker should be treated differently on account of a disability or the perception of a disability. It can sometimes be hard to distinguish between discrimination on the basis of disability, and an employer enforcing a strict policy across the board. If you have questions, calling a knowledgeable attorney can help to get them answered.

The Same Rights Are Guaranteed To Everyone

The disabled are one of the few groups that has actually seen an increase in workplace retention and overall worker happiness during the COVID-19 pandemic – data from the Kessler Foundation estimates that more disabled people have obtained work in the last year than were employed in 2020. This can be chalked up to several factors, but the fact that options like remote working or working different hours have become mainstream means that many jobs are more accessible for the disabled. That said, employers have been engaging in unlawful behavior against disabled workers in an effort to either save money or cut corners in trying to get back to normal.

Antidiscrimination suits like the Americans With Disabilities Act (ADA) or the New York Human Rights Law (HRL) are meant to protect the rights of disabled people to equal employment (that is, to grant disabled applicants and workers the same opportunities as those who do not have a physical or mental disability) but too many employers have tried to jettison these employees in the name of efficiency. If they are not fired, negative employment action may happen for no other reason than disability – but If this happens to you, you may have a case to file with the relevant authorities.

Accommodations Must (Usually) Be Granted

It is important to keep in mind that a disability or another protected characteristic does not preclude you from termination or other negative employment action if there are actual grounds for your employer’s actions. If you fail to perform your job appropriately, your employer can terminate you without it being discriminatory. In order for negative employment action to actually be discrimination, it must have occurred directly because of your disability, and deny you the right to equal employment.

The ADA does not require employers to hire disabled workers, but if they are hired, disabled employees must be granted reasonable accommodations if they ask for them. The concept of a “reasonable” accommodation is always going to be somewhat subjective; what is “reasonable” for a large company will necessarily be different than a small mom-and-pop shop with five employees – but in general, if an accommodation is not an undue burden, it must be granted, and a failure to do so is grounds for filing a complaint.

Call A New York Employment Discrimination Attorney

One can only hope the trend toward increased employment of disabled workers will continue, but if your employer discriminates against you on the basis of your disability, know that you do not have to take ill treatment lying down, so to speak. Calling a New York City employment discrimination attorney from Mansell Law, LLC can help you clarify what your options going forward might be. Contact us today for a free consultation.

Sources:

eeoc.gov/disability-discrimination

dallasnews.com/opinion/commentary/2021/07/28/more-people-with-disabilities-got-jobs-during-the-pandemic/