Disabled workers are routinely fired, demoted and cast aside in favor of healthy employees. If this happens to you, you may have a case against your employer. Our New York disability discrimination attorneys can help you.
Our disability discrimination lawyers in New York handle most cases on a contingent fee basis which means you don’t pay any legal fees until we win.
How can a New York Disability Discrimination Attorney Help Me?
There are two basic forms of relief available in New York disability discrimination cases: job reinstatement and monetary awards.
Some people are interested in getting their job back, and this is possible. Job reinstatement is one of the remedies provided by the law.
The most common type of relief is money in the form of a penalty against the employer. Victims of disability discrimination are entitled to be “made whole.”
This means they should be paid money to compensate them for all losses caused by the discrimination.
The law also provides that additional money should be paid as a penalty to deter companies from engaging in discrimination.
The New York disability discrimination attorneys at Ottinger Employment Lawyers can help you recovery your job or obtain a payment to compensate you for your losses.
How Our New York Disability Discrimination Attorneys Can Resolve Your Case
We do all we can to resolve your case. Often this involves lengthy negotiations with the company.
If we are unable to resolve the matter ourselves, we suggest mediation.
The last resort is filing suit. Lawsuits, however, are long term undertakings. They often take years and most people find the process unpleasant.
For this reason, our disability discrimination attorneys in New York focus on out-of-court legal solutions whenever possible.
But if we file a case in court, we handle it as if it were going to trial. We love taking cases to trial. In our view, trials are the place that puts both parties on an even playing field.
Our New York disability discrimination attorneys have filed hundreds of lawsuits and taken many to trial.
Arbitration is another option. Many companies today require employees to sign arbitration agreements. If you are bound by an arbitration agreement, we will most likely have to pursue your case in that forum.
But arbitration is an excellent way to resolve these cases. The process is usually much faster than filing in court and the results can be very good.
What Employment Laws Protect Employees from Disability Discrimination?
Our New York disability discrimination attorneys rely on a network of federal, state, and local laws protect New Yorkers from discrimination.
- Americans with Disabilities Act (ADA)
- New York State Human Rights Law (SHRL or State Law)
- New York City Human Rights Law (CHRL or City Law)
New York City Law provides the best protection and strongest remedies for employees. These laws only apply to those who work in New York City.
Below our disability discrimination lawyers set out the key differences between the Federal, State and City disability law:
Definition of Disability
- ADA (Federal): Physical or mental condition that “substantially limits one or more major life activities”.
- State Law: Medical problem that “prevents the exercise of a normal bodily function”.
- NYC City Law: Any physical, medical or psychological impairment or history of such impairment.
- ADA (Federal): 15 or more employees
- State Law: 4 or more employees
- NYC City Law: 4 or more employees
- ADA (Federal): Lost Salary and Predicted Future losses (front pay)
- State Law: Lost Salary and Predicted Future losses (front pay)
- NYC City Law: Lost Salary and Predicted Future losses (front pay)
- ADA (Federal): Available but limited.
- State Law: Unlimited
- NYC City Law: Unlimited
- ADA (Federal): Limited
- State Law: Not Available
- NYC City Law: Unlimited
Legal Fees and Costs
- ADA (Federal): Available
- State Law: Not Available
- NYC City Law: Available
What Constitutes a Disability in New York City?
The New York City Employment Law is expressly designed to be the most protective anti-discrimination laws anywhere in the country.
In keeping with this goal, the City Law defines “disability” both more broadly and more simply than either the ADA or State Law.
A disability is defined as “any physical, medical, or psychological impairment, or a history or record of such impairment.” “Impairment” is defined broadly to include: “the impairment of any system of the body” or “a mental or psychological impairment.”
Our New York disability discrimination attorneys routinely rely upon this law to protect disabled employees. This law only applies to New York City.
What Protections do the Laws Provide?
Protections Against Discrimination
The law protects employees against discrimination on the basis of their disability.
That means an employer cannot take any adverse action against an employee, including, but not limited to:
- Failure to hire,
- Failure to promote, and
On the basis of that person’s disability. Most of the cases our attorneys handle involve terminations or demotions. Unfortunately, some employers push employees out of the work force once they learn of a person’s disability.
The law requires that employers provide reasonable accommodations to employees with disabilities. This means that an employer is required to modify the disabled employee’s work environment to help them perform their job.
Our New York disability discrimination attorneys have helped employees obtain reasonable accommodations.
Employers must provide “reasonable accommodations” to disabled employees unless doing so will cause “undue hardship.”
Reasonable accommodations might include:
- “modifications or adjustments to the job applications process,” so that disabled individuals are considered for such positions;
- modifications to the work environment, so that a qualified person with a disability can perform the essential functions of the positions; or
- Other modifications that enable an employee to enjoy “equal benefits and privileges of employment as are enjoyed by its other similarly situated employees without disabilities.”
What are the Remedies for Disability Discrimination?
Our New York disability discrimination attorneys can help you recover the following remedies:
- Economic damages,
- compensatory damages,
- punitive damages,
- attorneys’ fees, and
- injunctive relief (including reinstatement.)