How Do I Make An ADA Claim Against My Employer?
While disabled workers are at least theoretically protected from discrimination in the workplace, in reality, many employers try to ignore federal and state laws like the Americans With Disabilities Act (ADA) for a variety of reasons. Some may try to disguise discriminatory intent behind facially neutral communication, while others do not even hide their intentions. Regardless, if you are disabled and you believe that you have faced discrimination on the job, you have the right to seek damages for what you have been through.
Try In-House Solutions
Both New York and federal law bar discrimination against disabled people in every part of the employment process, from hiring to firing and everything in between. If a reasonable accommodation is sought by the disabled employee, the employer must provide it as long as it does not pose an undue burden to the business – for example, a small business may find it difficult to buy an expensive piece of adaptive equipment, while a large corporation would (at least in theory) be able to purchase the item with no difficulty.
If an employer acts in a manner you believe is discriminatory, it is generally a good idea to try and first handle the issue in-house, with your Human Resources department or the supervisor in question. Sometimes behavior that may seem discriminatory is the result of a miscommunication that can be addressed. If this is unsuccessful, though, you have the right to pursue action either under New York State’s Human Rights Law (NYSHRL) or the federal ADA (or, if you live in New York City, you may avail yourself of the city’s Human Rights Law as well).
Filing An ADA Claim
If in-house remedies are unsuccessful, filing a charge with the Equal Employment Opportunity Commission (EEOC) is the best possible option for many people. If you file a charge with the EEOC, they will investigate your claim and make one of two choices: the Commission will either take your case, meaning they will pursue it in court, or it will grant you what is known as a right-to-sue letter. This letter allows you to file suit against your employer in the appropriate court, but on your own (without any EEOC support).
If your employer is small and local, or you feel better having the matter handled by local authorities, you may also file a complaint with the New York Human Rights Commission. Matters tend to be handled more quickly this way, though you will still be in the best hands if you have a knowledgeable attorney on your side.
Contact A New York Disability Discrimination Attorney
If you suspect that you have been discriminated against due to your disability, you have the right to seek what is due to you. A New York City employment discrimination attorney from Mansell Law, LLC can sit down with you and help you clarify what your options are. You do not have to deal with this alone. Call our office today for a free consultation.
Source:
eeoc.gov/filing-lawsuit
