 |
| Disability Discrimination |
Federal, New York State and New York City laws prohibit employers from discriminating against individuals with disabilities or individuals who are perceived to have disabilities in job application procedures, hiring, firing, advancement, compensation, job training and other terms, conditions and privileges of employment. The Federal law, known as the Americans with Disabilities Act, prohibits employers from discriminating against qualified individuals on the basis of a disability or perceived disability. The Americans with Disabilities Act also requires employers to make reasonable accommodations for employees with disabilities. New York State and New York City also have laws prohibiting disability discrimination and perceived disability discrimination in the workplace.
 |
| Disability Discrimination |
Disability discrimination can take many different forms. It can consist of comments about a disability made by another employee, including managers or executives, accompanied by some type of adverse employment action or decision. Such action might include a failure to promote, less favorable employment conditions, disciplinary proceedings, layoff or termination. It may consist of situations in which the employee is able to perform the essential functions of the job with reasonable accommodation, and the employer refuses to accommodate the disability. One of the key factors in determining whether you have a claim of disability discrimination is whether the comments about the disability, the failure to make a reasonable accommodation or any other discriminatory actions were, in fact, the reason, or part of the reason, for the adverse employment action.
Perceived disability discrimination occurs when the employer treats the employee unfairly because the employer believes the employee is disabled when he/she is not, has an unreasonable bias against the perceived disability or medical condition or, without a proper basis, believes that the perceived disability or medical condition may change for the worse in the future. If you believe that you are being discriminated against at work because of a disability or perceived disability, you should be aware that laws exist to protect you from unlawful disability discrimination and perceived disability discrimination. The attorneys at Richard L. Giampa, Esq., P.C. would be pleased to meet and discuss your concerns with you.
Aucun commentaire: