Protections Granted by the NYSHRL and NYCHRL

The NYSHRL applies statewide and is enforced by the New York State Division of Human Rights (NYSDHR). This law makes it illegal to discriminate against individuals with disabilities in key areas of public life, including employment, housing, and public accommodations. The NYSHRL classifies disability broadly to include both physical and mental impairments that substantially limit any major aspects of life.

Employers cannot refuse to hire, cannot fire, or otherwise discriminate against an employee or job applicant because of a disability, provided the individual can perform the essential functions of the job with or without a reasonable accommodation. Also, landlords cannot refuse to rent and cannot evict tenants based on disability. They must also make reasonable modifications to rental properties to accommodate tenants with disabilities. Lastly, the NYSHRL states that it is illegal to refuse service, deny entry, or otherwise mistreat someone because of their disability in public spaces such as restaurants, hotels, transportation, and stores.

The NYCHRL provides additional, more expansive protections within New York City (NYC) itself. It is often regarded as offering more comprehensive protections than the NYSHRL, with more favorable outcomes for individuals facing discrimination. The NYCHRL has a broader definition of disability and extends its protections not only in areas of employment, housing, and public accommodations but also in other fields such as education, healthcare, and public services. Like the NYSHRL, the NYCHRL prohibits discrimination in hiring, firing, promotions, and terms of employment. Like the NYSHRL, NYC landlords are prohibited from discriminating against potential tenants with disabilities. The NYCHRL also requires housing providers to accommodate tenants with disabilities by permitting modifications to rental units and service animals, even in properties with “no pet” policies. The NYCHRL is particularly strong in public accommodations, ensuring that businesses and service providers in NYC cannot refuse service(s) based on disability. The law mandates accessibility for individuals with disabilities. It requires policies to be adjusted to ensure equal access of individuals with disabilities to services, such as allowing service animals in places that might otherwise restrict pets.

If you suspect you have been the victim of disability discrimination in the workplace or otherwise, you could be owed compensation. At The Law Offices of Vincent Miletti, Esq., we have over 15 years of legal experience to support those who need it the most. We offer our clients personalized experience to give them quality service and favorable legal outcomes. Call us today and tell us about your case at 314-648-2586.

Reasonable Accommodation and Understanding Your Rights

One of the central features of both the NYSHRL and NYCHRL is the right of individuals with disabilities to request reasonable accommodations in employment, housing, and public accommodations. The term “reasonable accommodation” refers to adjustments that allow a person with a disability to perform essential job duties, live in housing, or fully participate in public services or activities. Regarding employment, both the NYSHRL and NYCHRL require any employer to provide reasonable accommodations for employees with disabilities unless it would cause unexpected or undue hardship to the employer. Some examples of this could be:

  • Modifying work schedules or providing additional breaks for employees with disabilities that affect stamina;
  • Adjusting workplace environments, such as adding ramps or providing ergonomic equipment for employees with mobility or physical impairments; and
  • Offering telecommuting options or flexible hours for employees with mental health conditions or other disabilities that affect their ability to commute or maintain a standard work schedule;

If an employer fails to meet the needs of an employee, they could face severe consequences under either law. If you are still determining whether these examples align with your past experience, consulting with an attorney could be a wise course of action.

Filing An Official Complaint

In NYC, individuals can file complaints with the New York City Commission of Human Rights (NYCCHR), which enforces the NYCHRL. The complaint process is similar to that of the NYSDHR, though the NYCCHR tends to offer a more expansive interpretation of discrimination and accommodations. In addition to investigating claims, the NYCCHR can also guide businesses and employers on compliance with the law.

It’s essential to note there are time limits for filing complaints. Under the NYSHRL, individuals have one year (12 months) from the date of the alleged discrimination to file a complaint. Under the NYCHRL, individuals have three years from the date of the discriminatory act to file a claim. Both agencies are committed to investigating complaints thoroughly, and if discrimination is proven, they can enforce remedies to ensure that the individual’s rights are protected and that corrective action is taken. To file a complaint or learn more about the protections granted to citizens with disabilities, the New York State’s Division of Human Rights has an official website with detailed information.

Seeking Professional Legal Guidance

Unfortunately, many Americans are still victims of disability discrimination every year. It can be especially difficult sometimes to identify cases of this type of discrimination when it occurs to someone for the first time. This is why it’s essential to seek professional guidance if you are unsure of your experience with discrimination. Though in different ways, the NYSHRL and NYCHRL provide a wide variety of legal protections enforced by the state’s Department of Human Rights. However, handling a legal case alone can still be overwhelming. With the help of an attorney, you can be sure that you’re taking a safe and effective path along the way. At The Law Offices of Vincent Milleti, Esq., our team is ready and wants to hear your case and determine your best legal action. To schedule a consultation with us, call 314-648-2586 or visit our website.