NEW YORK DISABILITY DISCRIMINATION LAWYER FOR ALBANY, SARATOGA, GLENS FALLS AND MORE
THE AMERICANS WITH DISABILITIES ACT (ADA) AND NEW YORK STATE HUMAN RIGHTS LAW MAKE IT UNLAWFUL TO DISCRIMINATE AGAINST SOMEONE ON THE BASIS OF A DISABILITY
The common perception of disability discrimination is where an employee is terminated or treated differently because of an overt disability, such as being wheel-chair bound.
What we often see, however, are employees who are discriminated against because of a disability that may not be immediately visible. Such employee may have provided their employer with a note advising that because of a severe illness, the employee must leave work for one hour per day for a limited time. This may constitute a disability, however the employer may choose not to abide by the law and may tell the employee that if they do not show up they will be terminated.
New York State and Federal Laws generally require employers to provide employees with a disability a "reasonable accomodation" to allow them to perform their job. If the employer fails to do so, the employee should consider filing an administrative complaint with a New York or Federal Agency.
Employees must keep in mind that not all requested accomodations are or will be considered "reasonable", and that various factors may come into play. An aggrieved employee, however, must keep in mind that there may be strict timelines that govern any claim for disability discrimination.
What we often see, however, are employees who are discriminated against because of a disability that may not be immediately visible. Such employee may have provided their employer with a note advising that because of a severe illness, the employee must leave work for one hour per day for a limited time. This may constitute a disability, however the employer may choose not to abide by the law and may tell the employee that if they do not show up they will be terminated.
New York State and Federal Laws generally require employers to provide employees with a disability a "reasonable accomodation" to allow them to perform their job. If the employer fails to do so, the employee should consider filing an administrative complaint with a New York or Federal Agency.
Employees must keep in mind that not all requested accomodations are or will be considered "reasonable", and that various factors may come into play. An aggrieved employee, however, must keep in mind that there may be strict timelines that govern any claim for disability discrimination.
