Aimed to prohibit discrimination against protected classes, groups, or characteristics of people, anti-discrimination or non-discrimination laws comprise some of the most important laws in the field of employment. Generally, private employers are prohibited by federal employment anti-discrimination laws from discriminating against individuals under their employment based on protected attributes, categories, and characteristics that include but are not limited to race/color, citizenship status, national origin, age, and sex. In addition, although a good number of them expand and mirror protections and provisions of many federal laws, various states have enacted, passed, and implemented their own anti-discrimination laws.

In this blog, we have analyzed key provisions, statutes, and protections of federal employment anti-discrimination laws and compared them with their counterparts under New York state laws. Specifically, disability is the protected characteristic/category discussed in this blog, including its relation to the protections and provisions provided under various local, state, and federal employment anti-discrimination laws. Other protected attributes, categories, classes, and characteristics will be discussed in upcoming blogs.

It is crucial to note that while laws, such as the Family and Medical Leave Act and Fair Labor Standards Act, which aim to create protections or benefits for employees other than protections against discrimination, have not been included in the analysis, only those statutes and laws that seek to prohibit discrimination have been included in the analysis and comparison.

Another key thing to note is that while the information provided is only applicable to private employers, a number of laws aimed at prohibiting retaliation against employees covered by different protections and provisions of various local, state, and federal laws have also been included in the analysis and comparison.

It is also important to note that for the purposes of record, the information provided herein was current as of February 10, 2022.

Key Statutes & Protections Against Employment Discrimination Based on Disability

Federal Laws

  1. Americans with Disabilities Act (ADA) – The Americans with Disabilities Act is a key federal law prohibiting discrimination based on a person’s disability or disabilities. This implies that it is unlawful for an employer to discriminate against an employee or a job applicant based on his/her disability. As codified under 42 U.S.C. § 12102(1), the disability protected by the ADA entails any mental or physical impairment that substantially limits one or more activities of major life, the perception of such impairment, or a record of the same.

New York Laws

  1. New York Equal Pay Act (NYEPA) – Pursuant to N.Y. Lab. Law § 194, the NYEPA protects New York employees from being discriminated against based on their disabilities.
  2. New York State Human Rights Law (NYSHRL) – Similarly, this state law also offers protections to individuals with disabilities pursuant to N.Y. Exec. Law §§ 292(21), 296(1). Just like the ADA, the NYSHRL also provides a clear definition regarding what disability pursuant to its protections. Under this law, “disability” entails (1) a medical, mental, or physical impairment occurring due to neurological, genetic, physiological, or anatomical conditions that can be demonstrated through laboratory or clinical diagnostic techniques that are medically accepted or that hinder the exercise of a normal bodily function, (2) a record of such an impairment, or (3) a condition that others may consider to be an impairment that, upon the provision of reasonable accommodations, does not hinder the job applicant or employee from performing the essential activities related to the job they are seeking.

As usual, in case you need further clarification regarding the information shared in this blog post, we, the authoritative force in Employment & Labor Law, serving as primary counsel or cumis counsel and providing diverse legal services in both a traditional and online, web-based environment, whether it be for small or large-scale businesses on a panel or a case-by-case basis, are just a call or email away!

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Always rising above the bar,

Isaac T.,

Legal Writer, Author, & Publisher.