Disability Discrimination in the Workplace
The Americans with Disability Act and state laws in New York prohibit discrimination based on disability. Employers are prohibited from discriminating against qualified employees or applicants based on disability in any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment.
Federal Disability Discrimination in Employment Law
Five federal laws protect individuals with disabilities from discrimination in employment and job applications. These are:
- Americans with Disabilities Act (ADA) – prohibits, among other things, discrimination against people with disabilities in all aspects of employment and job applications; it is enforced by the EEOC; also applies to state and local government employers; Department of Justice enforces this section
- Rehabilitation Act – prohibits discrimination against qualified individuals with disabilities by federal agencies and by programs or activities that receive federal funding or are conducted by a federal agency
- Workforce Innovation and Opportunity Act – prohibits discrimination against persons with disabilities who apply for, participate in, or are employees of any program or organization that receives federal financial assistance under WIOA or that is part of the One-Stop system.
- Vietnam Era Veterans’ Readjustment Assistance Act – requires employers that have federal contracts of certain dates and inception dates to provide equal employment opportunities for certain disabled veterans
- Civil Service Reform Act – prohibits disability discrimination by most federal agencies against employees and applicants with disabilities.
New York Disability Discrimination Law
Both the State and the City have statutes relating to disability discrimination and covering smaller businesses than federal law. In general, they include:
- Prohibits disability discrimination in any aspect of employment
- Requires reasonable accommodation of disability where possible
- Allows for recovery of compensatory damages; under city law can recover punitive damages, fees, and costs.
Call a New York Disability Discrimination Lawyer Today for a Free Consultation
If you suspect that you have been this victim of employment discrimination because of a disability, you should speak to an attorney as soon as you can. At A.Y.G., PLLC, we are dedicated to holding employers accountable and getting our clients the compensation they deserve. To schedule a free case evaluation with an attorney, call our office today at 646-201-8625 or contact us online.