Got a Question you want to ask us?
Call 212-571-2000 or 415-262-0096

New York Disability Discrimination Attorneys

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.

Call 212-571-2000 or fill out the form to the right for a free consultation.   We will discuss your situation with you and determine if you have a case.  If you have a case, we may be able to represent you.  We handle most disability discrimination cases on a contingent fee basis which means you don’t pay any legal fees until we win your case.

Request a Call

Got a Question you want to ask us?
Call 212-571-2000 or 415-262-0096

How Can a New York Disability Discrimination Attorney Help Me?

There are two basic forms of relief available: Reinstatement and Money.

1

Job Reinstatement

Some people are interested in getting their job back, and this is possible. Job reinstatement is one of the remedies provided by the law.

Money Awards

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. Our New York disability discrimination attorneys can help you recovery your job or obtain a payment to compensate you for your losses

Close up of  woman on a wheelchair with a helper during walk in the busy street.
Close up of  woman on a wheelchair with a helper during walk in the busy street.

Money Awards

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. Our New York disability discrimination attorneys can help you recovery your job or obtain a payment to compensate you for your losses

What Can be Done to Resolve my Case?

Step One

Some people are interested in getting their job back, and this is possible. Job reinstatement is one of the remedies provided by the law.

Step Two

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. Our New York disability discrimination attorneys can help you recovery your job or obtain a payment to compensate you for your losses

Step Two

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. Our New York disability discrimination attorneys can help you recovery your job or obtain a payment to compensate you for your losses

Step Three

Some people are interested in getting their job back, and this is possible. Job reinstatement is one of the remedies provided by the law.

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.  Law suits, however, are long term undertakings.  They often take years and most people find the process unpleasant.  For this reason, our New York disability discrimination attorneys focus on out of court 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.

Got a Question you want to ask us?
Call 212-571-2000 or 415-262-0096

What 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.

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.

The table below sets out the key differences between the Federal, State and City disability law:

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

ADA (Federal)

Available

STATE LAW

Not Available

NYC CITY LAW

Available

What Constitutes a Disability?

The New York City 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?

Handicapped businesswoman and colleague working together in office

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:

  •         Demotion
  •         Failure to hire
  •         Failure to promote
  •         Termination

…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.

Reasonable Accommodation

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.”

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 have the following remedies are available:

  •         Economic damages
  •         compensatory damages
  •         punitive damages
  •         attorneys’ fees
  •         injunctive relief (including reinstatement)

There are no caps on compensatory and punitive damages.

Got a Question you want to ask us?
Call 212-571-2000 or 415-262-0096

As Seen On