Disability discrimination is still a major problem in the workplace, housing, schools, healthcare, and public services in the United States. Even with the robust federal and state legislation safeguarding individuals with disabilities, numerous individuals are still being treated unfairly.

If you feel you have been discriminated against due to disability, seeking the services of an experienced disability discrimination lawyer in NY may be that vital first step towards receiving justice.

This blog discusses what disability discrimination is, your rights, and how a competent lawyer in New York can help you to preserve those rights.

What is Disability Discrimination?

Disability discrimination is when you are mistreated due to a physical or mental disability. It can be direct, such as being fired due to a medical condition, or indirect, such as being refused a reasonable accommodation to perform your job.

The two principal federal laws that protect individuals with disabilities are:

Americans with Disabilities Act (ADA)

Endorsed into law in 1990, the ADA forbids discrimination against those with disabilities in employment, public services, public accommodations, and telecommunications.

Section 504 of the Rehabilitation Act of 1973

This act applies to organizations receiving federal financial assistance and protects individuals with disabilities against discrimination.

In addition, New York City and New York State each pass legislation that is even more protective than federal law. The New York State Human Rights Law and the New York City Human Rights Law enumerate and protect various disabilities and impose stricter standards on employers and institutions.

Examples of Disability Discrimination

Discrimination can take many forms. Some common examples include:

Employment Discrimination

• Being refused employment or a promotion based on a disability.
• Being terminated upon disclosure of a medical condition.
• Disability discrimination occurs when an individual is denied a reasonable accommodation, such as a modified work schedule, accessible workstation, or assistive technology.

Housing Discrimination

• Landlords who refuse to rent to individuals with service animals.
• Denial of apartment housing to people with mobility impairments.

Education Discrimination

Schools that fail to make necessary adjustments, such as extra test time or special instruction to students with learning disabilities.

• Public Access Problems
• Unavailable public amenities or transport.
• Firms that are not offering services in a manner accessible to individuals with disabilities.

If you have been in any of the above situations, you may have an enforceable legal right.

Understanding Reasonable Accommodation

One of the strong foundations of disability rights is the principle of “reasonable accommodation.” Employers, landlords, and service providers must make reasonable adjustments to enable the full involvement of an individual with a disability.

For example:

• In the workplace, this may involve adjusting work tasks, offering assistive technology, or implementing a flexible schedule.
• In real estate, it may be possible to allow a service animal despite not allowing pets.
• In education, Schools may be mandated to provide modified instruction or use accessible technology.

An accommodation would only be considered unreasonable if it would create an outrageous hardship for the provider, which is an elevated legal standard. A disability discrimination attorney in NY can help you determine whether your request was legal.

What to Do If You Experience Disability Discrimination in NY

If you think you have been discriminated against for your disability, you can follow the following steps:

Document Everything

Keep a detailed account of discriminatory behavior, correspondence, witnesses, and any complaint you have made. A thorough record is beneficial in building your case.

Request an Internal Review

If it occurred at your workplace, complain to your human resources department. If it happens in the house, tell your landlord or property manager.

File a Complaint with a Government Agency

You can file a complaint with:

• The Equal Employment Opportunity Commission (EEOC) enforces the laws against workplace discrimination.
• The New York State Division of Human Rights (DHR).
• The New York City Commission on Human Rights (CCHR).
• Consult a Disability Discrimination Lawyer in NY

These disputes may be complicated. A seasoned attorney can help you understand your rights, evaluate your legal options, and represent you in negotiations or court.

What an Attorney Can Do for You

A New York disability discrimination lawyer also handles civil rights law and is familiar with federal and state laws. This is how they can help your case:

• Legal Consultation: Assess the facts and decide if you have a valid case.
• Evidence Gathering: Help compile necessary documents, witness statements, and records.
• Filing a Claim: Get your claim filed accurately and on time.
• Negotiation: Negotiate with the other side to reach a fair settlement.
• Litigation: Advocate for you in court if a settlement cannot be reached.

Most lawyers are contingency-based, so you will not pay unless you win or settle your case.

Choosing the Best Disability Discrimination Lawyer in NY

When searching for the right attorney, remember the following:

• Experience: Identify lawyers who are employment attorneys or disability rights lawyers and possess a successful record.
• Client Reviews: Search for reviews or ratings on legal websites.
• Communication: Choose someone who listens to your issue and communicates effectively.
• Free Consultation: Lawyers will usually have a free initial consultation—use it to determine if they’re the right fit for you.

Time Limits for Filing a Claim

There are strict time limits (statutes of limitations) for filing disability discrimination charges:

• Charges under the EEOC should be filed preferably within 300 days after the discriminatory behavior occurred.
• New York State Human Rights grievances must be filed within a year of the incident.
• Civil court cases can vary in length.

Not fulfilling these deadlines on time can result in forfeiting your right to receive compensation. This is another reason why timely legal advice is crucial.

Final Thoughts

Disability discrimination can have serious ramifications—economic, emotional, and career-wise. But the law is on your side. If you’ve been denied a job, housing, accommodations, or access to services due to a disability, you don’t have to face it alone.

An experienced disability discrimination lawyer in NY will guide you through the process, advocate for your rights, and seek the justice that is yours. If you or someone you know is facing disability discrimination in New York, there is no time to wait.

Contact a qualified disability discrimination attorney to know your rights and take action today!