New York Disability Discrimination
Disability discrimination occurs when an employer or other entity covered by the Americans with Disabilities Act, New York City Human Rights law, or other statute treats an individual with a disability who is an employee or applicant unfavorably because she has a disability.
Disability discrimination can also occur when a employer an applicant or employee less favorably because of a history of a disability. The law finally requires an employer to provide reasonable accommodation to an employee or job applicant with a disability. The law also protects people from discrimination based on their relationship with a person with a disability (even if they do not themselves have a disability), such as a spouse or child.
What is New York Disability Discrimination
In order to be protected, a person must show they have a disability. This can be done in one of three ways:
- A person may be disabled if he or she has a physical or mental condition that substantially limits a major life activity (such as walking, talking, seeing, hearing, or learning).
- A person may be disabled if he or she has a history of a disability (such as cancer that is in remission).
- A person may be disabled if he is believed to have a physical or mental impairment that is not transitory (lasting or expected to last six months or less) and minor (even if he does not have such an impairment).
How We Can Fight Disability Discrimination
A victim of disability discrimination has several options. They can file a claim with the New York Commission of Human Rights or a lawsuit in federal and state courts. A victim must act quickly. There is a very short statute of limitations in New York. If you were fired based on your disability, check the severance agreement to make sure there was no waiver of your right to sue. Finally contact an attorney immediately for help