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Disability Discrimination

Recent Posts in Disability Discrimination Category

  • Does a College Have to Alter its Educational Program to Accommodate a Disabled Student?

    Disability discrimination is not strictly limited to employment. The Americans with Disabilities (ADA) guarantees access to a wide range of “goods, services, facilities, privileges, advantages, or accommodations.” This includes educational programs, which means colleges and universities must engage in an “interactive process” with disabled students who request a reasonable accommodation for their ...
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  • EEOC Sues New York Hotel for Refusing to Let Employee with Back Problem Sit in a Chair

    Although many New York employers complain about the “unfair” burden of employment discrimination laws like the Americans with Disabilities Act (ADA), in practice, compliance is not that difficult. The ADA, for instance, requires employers provide “reasonable accommodation” to a disabled employee upon request. Although there is often disagreement as to what qualifies as “reasonable,” the intent of ...
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  • Should I Keep Work-Related Emails to Prove My Discrimination Claim?

    Before pursuing a claim for sex or pregnancy discrimination , you need to be careful to maintain any records related to your employment, including the discriminatory acts that led to your illegal termination. Having this paper trail will make it easier for you to prove your case in court as well as preempt any attempts by the employer to try and portray your leaving the company as a “voluntary” ...
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  • Am I Legally "Disabled" if I Have a Heart Attack?

    There is some confusion about what constitutes disability discrimination in New York. Simply having a serious medical condition does not make you disabled for purposes of the Americans with Disabilities Act (ADA). Rather, the ADA requires proof that your condition “substantially limits one or more major life activities.” For example, having a heart attack does not automatically qualify you as ...
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  • Understanding the Three-Step Process for Presenting Discrimination Claims

    In a disability discrimination lawsuit, there is a three-step process that courts use to decide whether there is a “material” dispute that justifies trying the case on its merits. In the first step, the plaintiff–the affected employee–must make a “prima facie case of discrimination.” At the second step, the burden shifts to the employer to present a “legitimate, nondiscriminatory reason” for its ...
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  • Can an Employer Refuse to Rehire Me Due to a Cognitive Disability?

    Disability discrimination is not limited to situations in which an employer simply refuses to hire someone due to a physical or mental impairment. It also includes situations in which existing disabled and non-disabled employees are treated differently. For example, if an employer fires a disabled employee for conduct that did not lead to the dismissal of a similarly situated non-disabled ...
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  • Is it Against the Law for Supervisors to Openly Mock My Disability at Work?

    As a general rule, laws protecting workers against employment discrimination include harassment or other “adverse employment actions” designed to discourage someone from exercising their legal rights. For example, a supervisor cannot bully, ridicule, or threaten an employee who requires medical leave to care for a documented disability. Indeed, the Family and Medical Leave Act (FMLA) expressly ...
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  • When is Alcoholism Classified as a Legal “Disability”?

    Alcoholism is a serious illness that afflict many New Yorkers. Under certain circumstances, alcoholism does qualify as a protected disability under federal and state employment laws . This does not mean that an employer cannot discipline or even terminate an employee who abuses alcohol. If an employee is in treatment or recovering from alcohol addiction, the employer may be required to make ...
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  • Does My Disability Make Me a “Direct Threat” to Workplace Safety?

    The Americans With Disabilities Act (ADA), together with other state and local employment laws , require an employer to make “reasonable accommodations” for employees and job applicants who have a documented medical impairment. The ADA only goes so far, however. An employer may refuse to accommodate and even refuse to hire an employee whose condition poses a “direct threat” to workplace safety. In ...
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