Brooklyn Disability Discrimination Lawyer
Advocating to Protect the Rights of Disabled Workers
One of the many protections offered to disabled workers is the right not to be discriminated against in the workplace. However, sadly, many well-qualified disabled employees are subject to discriminatory acts that impact productivity and lead to emotional distress.
Federal and state laws have been enacted to protect workers, but employers do not always adhere to these legal protections. If you have been subject to disability discrimination or are dealing with a hostile work environment, you need to seek legal representation immediately.
Miletti Law P.C., is a New York City law firm that strives to ensure all employees are offered the same opportunities regardless of disability. Contact our disability discrimination lawyer in Brooklyn today by calling our law office to schedule a consultation or by visiting our website and filling out the free intake form. Our experienced attorney will get back to you as soon as possible.
How Does State and Federal Law Define Disability Discrimination?
New York state and federal law offer legal protections to safeguard the rights of disabled employees. The Americans With Disabilities Act (ADA) stipulates that a person may be considered disabled if they have a physical or mental impairment, significantly limiting their major life activities.
Under the New York State Human Rights Law (NYSHRL), a person is considered disabled if they have a physical, mental, or medical impairment that precludes them from exercising a natural bodily function.
New York City also has a local ordinance, the New York City Human Rights Law (NYCHRL), which prohibits employment discrimination based on disability.
These laws have been enacted to ensure that disabled individuals are afforded the same rights as others and are not denied housing, public accommodations, or employment due to a perceived disability or medical condition.
If you feel your rights have been violated and you have been the victim of disability discrimination, contact our attorney in Brooklyn immediately so we can assess your legal needs.
What are Some Examples of Employment Disability Discrimination?
Unfortunately, even with federal and state laws in place, disability discrimination occurs regularly. Although disability discrimination can take many forms, some of the most common examples include but are not limited to:
- Denying a qualified job applicant employment solely based on disability
- Unjustly terminating or demoting an employee solely based on disability
- Failure to provide reasonable accommodations so that an employee can safely and effectively perform their job duties
- Denying a disabled employee the same training opportunities available to non-disabled co-workers
- Making jokes or harassing comments about an employee’s disability
- Giving an employee a nickname based on their disability
Another example of unfair treatment in the workplace that is often hard to detect is indirect discrimination. Indirect discrimination may occur when an employer makes policies that disproportionately affect disabled employees, even if that was not the intention.
If you have experienced unlawful discrimination in your workplace, you have several legal options you can pursue. Allow our highly trained discrimination lawyer to review your case and help you determine your next steps.
What are the Legal Protections Offered By the Americans With Disabilities Act?
One of the most significant legal safeguards in the Americans with Disabilities Act (ADA) is the prohibition of employment discrimination. ADA protections ban employers from engaging in discriminatory practices concerning hiring, termination, training, wages, or benefits. Employers must also provide reasonable accommodations to disabled employees, provided that doing so would not cause unnecessary hardship. The ADA also prohibits an employer from retaliating against an employee who has filed a formal complaint alleging disability discrimination.
The ADA also prohibits an employer from retaliating against an employee who has filed a formal complaint alleging disability discrimination.
However, the ADA only applies to businesses or organizations with at least 15 employees. New York State disability discrimination laws apply to businesses and organizations with four or more employees.
To learn more about the legal protections offered by federal and state law, contact our Brooklyn, New York law office so we can answer your questions.
How Can I Prove I Have Been the Victim of Disability Discrimination?
To file a discrimination claim, you must prove your disability with supporting documentation. Supporting documentation may include medical records and doctor statements.
You must also prove that your employer was aware of your condition, but you were still forced to deal with discrimination in the workplace. Any medical documentation you provide to your employer should always describe your disability and how it can affect your ability to perform job-related
Your next step is to gather important evidence that will support your allegations. Evidence may include copies of company policies, emails, memos, text messages, and anything else that supports your claim.
One of the last things you must prove is that you suffered an adverse employment action due to your disability, such as being wrongfully terminated, demoted, or passed over for promotion. You may also be able to show that you asked for and were denied reasonable accommodations related to your disability.
It is important to remember that every disability discrimination claim is different, so any evidence you may need to obtain can also vary. For more information about how to prove disability discrimination, contact Miletti Law P.C., and ask to schedule an appointment with our experienced attorney.
Can a Lawyer Help Me Recover Compensation for Employment Discrimination?
A New York City lawyer can help you navigate the complex legal process of filing a discrimination claim. Before filing a civil lawsuit alleging employment discrimination, you must file a formal complaint with either the Equal Employment Opportunity Commission (EEOC) or one of the state or local agencies.
Your lawyer will ensure that you are treated fairly as your complaint as the governing agency investigates your claim.
If your claim is unresolved, you may pursue litigation where you can sue for compensatory damages. Common compensatory damages awarded in discrimination claims generally include lost wages, possible job reinstatement, or back pay.
When employers exhibit egregious behavior that significantly harms a disabled worker, they may also be forced to pay punitive damages. Unlike compensatory damages, which are meant to reimburse victims, punitive damages are designed to warn others not to repeat the same behavior.
Why Should I Choose Your Law Firm to Help Me Seek Compensation for Disability Discrimination?
Miletti Law P.C., is dedicated to helping New York City employees receive the fair treatment they deserve. No one has the right to discriminate against you due to your disability. Our highly trained disability discrimination lawyer in Brooklyn has in-depth experience helping clients fight to receive the justice and peace of mind they deserve.
To learn more about our legal services, contact our Brooklyn, New York law firm at 314-648-2586 to speak with an associate to schedule a free consultation. We also encourage you to visit our website and fill out our free intake form, and our attorney will get back to you as soon as possible.