Disability Discrimination
Understanding Your Rights Against Disability Discrimination
According to the U.S. Equal Employment Opportunity Commission (EEOC), the law prohibits discrimination in any aspect of employment. When an employer treats a qualified individual unfavorably simply because he or she suffers from a disability, this is an example of disability discrimination. Unless providing reasonable accommodation to such an employee causes undue hardship for an employer, the disabled employee must be accommodated.
Definition of a Disability
Not all individuals who have a medical condition are protected by the law. A person must be qualified for the job and have a disability as defined by law. A person may prove this in one of the following ways:
- If a person has a physical or mental condition that substantially limits a major life activity, such as walking or hearing, that person may be considered disabled.
- If a person has a history of disability, such as cancer that is in remission, that person may be considered disabled.
- If a person is believed to have either a physical or mental impairment that is expected to last six months or less, that person may be considered disabled.
What Qualifies as “Disability Discrimination” in New York City?
Disability discrimination covers a wide variety of situations where an employer fails to make a “reasonable accommodation” requested by an employee with a physical or mental impairment. Federal, state, and New York City law all hold an employer liable for failure to accommodate when four conditions are met:
- The plaintiff has a “disability,” as defined by the law.
- The employer is covered by law and received “notice” of the employee’s disability.
- The employee is capable of performing the “essential functions” of their job, provided he or she receives the “reasonable accommodation.”
- The employer refused to make said accommodation.
Employment Rights and Disability Accommodations
During the application phase, employers are not allowed to ask applicants medical questions, request medical exams, or disclose disabilities. Employers may ask potential employees if they can perform the job and how they would perform it.
Once a job offer has been made, the law permits employers to condition the offer of employment on answers to certain medical questions and a medical exam. However, this is contingent on all new employees receiving the same treatment.
After an employee is hired and begins to work for an employer, medical questions may only be asked if an employee makes a request for accommodation or if the employer believes that the employee is unable to perform the job successfully or safely due to his or her disability.
Speak With a New York City Disability Discrimination Lawyer Today
Disability discrimination cases are complicated, primarily because they require an intensive, fact-specific inquiry into the circumstances of both the employee’s disability and the employer’s response (or failure to respond). This is not the type of litigation you want to start without seeking the advice and assistance of a qualified New York disability discrimination attorney. If you have been the victim of any form of workplace discrimination, contact the Law Offices of Mahir S. Nisar today at (212) 600-9534 to schedule an initial consultation with a member of our team.
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Frequently Asked Questions About: Disability Discrimination
A common example is when an employer refuses to provide reasonable accommodations that would allow you to perform your job effectively. For instance, if you have a back injury and request an ergonomic chair or standing desk, but your employer denies this reasonable request, that’s disability discrimination.
Other examples include being passed over for promotion because your supervisor assumes you can’t handle the responsibilities due to your disability, being fired after disclosing a mental health condition, or facing harassment from colleagues who make jokes about your disability while management does nothing to stop it.
Disability discrimination can also be subtle—being excluded from meetings because the conference room isn’t wheelchair accessible, having your job duties reduced without consultation after you request accommodation, or being asked intrusive medical questions that aren’t related to your ability to do the job.
Start by documenting everything related to your disability and how you’re being treated at work. Keep records of accommodation requests, medical documentation, emails, performance reviews, and any discriminatory comments or actions. This documentation becomes crucial evidence if you need to file a complaint or lawsuit.
Follow your company’s internal complaint procedures if they exist, but also know your external rights. You can file a complaint with the Equal Employment Opportunity Commission (EEOC) within 180-300 days of the discriminatory act, depending on your state. The EEOC will investigate and may help resolve the issue through mediation or settlement.
Consider consulting with an employment attorney who specializes in disability discrimination. Many attorneys offer free consultations and work on contingency fees, meaning you don’t pay unless you win. An experienced attorney can help you navigate the complex legal requirements and build the strongest possible case.
To prove disability discrimination, you need to establish several key elements: that you have a disability as defined by the ADA, that you’re qualified to perform the essential functions of your job (with or without reasonable accommodation), and that you suffered an adverse employment action because of your disability.
Strong evidence includes direct statements from supervisors about your disability influencing decisions, documentation showing you were treated differently than non-disabled colleagues in similar situations, and records of accommodation requests that were unreasonably denied. Email communications, performance reviews, and witness testimony can all support your case.
The timing of adverse actions often provides crucial evidence—if you were fired shortly after requesting accommodation or disclosing your disability, that suspicious timing can help prove discrimination. Comparative evidence showing how similarly situated employees without disabilities were treated differently also strengthens your case.
First, document the discriminatory behavior immediately. Record dates, times, witnesses, and exact words or actions. Save emails, texts, and any written communications related to your disability or accommodation requests. This documentation is essential for any future legal action.
Know that you have the right to request reasonable accommodations from your employer. Make these requests in writing and keep copies. If accommodations are denied, ask for the denial in writing and the specific reasons why. Your employer must engage in an “interactive process” to find suitable accommodations.
Don’t suffer in silence—you have legal protections and options. File an internal complaint following your company’s procedures, but also consider filing with the EEOC if the discrimination continues. You have strict time limits for filing, so don’t wait too long to take action.
Yes, you can sue for disability discrimination under the Americans with Disabilities Act (ADA), but you must first file a complaint with the EEOC and receive a “right to sue” letter before going to court. This administrative requirement must be completed within 180-300 days of the discriminatory act.
Successful disability discrimination lawsuits can result in various remedies including back pay, front pay, reinstatement, reasonable accommodations, compensatory damages for emotional distress, and attorney’s fees. In some cases, you may also receive punitive damages if the discrimination was particularly egregious.
The strength of your case depends on the evidence you’ve gathered, the severity of the discrimination, and how clearly you can show the connection between your disability and the adverse employment action. An experienced employment attorney can evaluate your case and advise you on the likelihood of success.
Under the ADA, you have the right to be free from discrimination in all aspects of employment—hiring, firing, promotions, job assignments, training, benefits, and other terms and conditions of employment. Your employer cannot make employment decisions based on assumptions about what you can or cannot do because of your disability.
You have the right to reasonable accommodations that enable you to perform the essential functions of your job, unless the accommodation would cause undue hardship to your employer. This might include modified work schedules, assistive technology, physical modifications to your workspace, or changes to workplace policies.
You also have the right to keep your medical information private. Your employer can only ask for medical information in limited circumstances and must keep any medical information confidential. They cannot require medical exams unless they’re job-related and consistent with business necessity.
Winning a disability discrimination case requires thorough preparation and strong evidence. Document everything from the beginning—every interaction, email, accommodation request, and incident of discriminatory treatment. The more detailed and contemporaneous your records, the stronger your case becomes.
Build a clear timeline showing the relationship between your disability disclosure or accommodation requests and any adverse employment actions. Gather comparative evidence showing how non-disabled employees in similar situations were treated differently. Witness testimony from colleagues who observed discriminatory treatment can also be powerful.
Work with an experienced employment attorney who understands the complexities of disability discrimination law. They can help you navigate the EEOC process, develop your evidence, and present your case effectively. Many cases settle before trial, but having strong evidence gives you leverage in negotiations.
ADA violations include refusing to hire qualified individuals because of their disability, failing to provide reasonable accommodations, asking illegal medical questions during interviews, creating or allowing a hostile work environment based on disability, and retaliating against employees who request accommodations or file discrimination complaints.
Common violations also include making assumptions about an employee’s abilities based on their disability, segregating employees with disabilities from other workers, or applying different performance standards to employees with disabilities. Physical barriers that prevent access to the workplace can also constitute ADA violations.
Even well-intentioned actions can violate the ADA—for example, reassigning an employee to a “less stressful” position without their consent because of a mental health condition, or excluding someone from company events because of assumptions about their disability.
The ADA defines disability broadly as a physical or mental impairment that substantially limits one or more major life activities. This includes conditions like mobility impairments, visual or hearing impairments, chronic illnesses, mental health conditions, learning disabilities, and many other conditions.
Major life activities include basic functions like walking, seeing, hearing, speaking, breathing, learning, working, caring for yourself, and performing manual tasks. The condition doesn’t have to be permanent—temporary impairments that substantially limit major life activities can also be protected.
You’re also protected if you have a record of a disability (like a history of cancer) or if you’re regarded as having a disability, even if you don’t actually have one. This protects people from discrimination based on assumptions or stereotypes about disability.
The value of a disability discrimination lawsuit varies significantly based on factors like your lost wages, the severity of the discrimination, your emotional distress, and whether you can return to work. Remedies can include back pay, front pay, reinstatement, reasonable accommodations, and compensatory damages.
Economic damages might include lost wages and benefits from the time of discrimination forward, costs of job searching, and future lost earnings if you can’t return to your position. Non-economic damages can compensate for emotional distress, pain and suffering, and loss of enjoyment of life caused by the discrimination.
In cases of intentional discrimination, punitive damages may also be available, though these are capped based on the size of your employer. Attorney’s fees are often recoverable in successful cases, making legal representation more accessible. The key is building a strong case with solid evidence to maximize your potential recovery.
