Nassau County Disability Discrimination

Employment Attorneys Assisting Residents of Nassau County

About 37% of people between the ages of 16 and 64 with a disability participated in Nassau County's labor workforce. About 4.3% of people in this age range who have a disability are in the labor workforce, but not employed. Disability discrimination occurs in the workplace when a job applicant or employee with a disability faces an adverse employment decision that a person without the disability would not face in similar circumstances. Disability discrimination can also occur when a worker is perceived to have a disability, even if the worker does not actually have a disability. If you face disability discrimination, you should consult an attorney who understands both the federal and state laws that may apply. At Phillips & Associates, our Nassau County disability discrimination lawyers are knowledgeable and tenacious litigators who may be able to represent you in a lawsuit for damages.

The federal Americans with Disabilities Act (ADA) forbids discrimination against disabled employees, among other things. It is illegal for private employers, state and local governments, labor organizations, and employment agencies to discriminate against job applicants and employees with disabilities. A Nassau County employer is covered by the ADA if it has at least 15 employees.

What Counts as a Disability?

Under the ADA, you are considered to have a disability if you possess a mental or physical impairment that substantially restricts a major life activity. The ADA also protects you from adverse employment actions if you have a history of being disabled, or if an employer believes erroneously that you have such a disability.

To be protected under the ADA, you must have or be perceived as having a substantial rather than minor impairment. Substantial impairments are those that seriously affect major life activities like breathing, learning, seeing, hearing, walking, and doing physical tasks like lifting. You are also protected if you have a record of having this type of impairment. Major impairments under the ADA can include diabetes, cancer, paraplegia, blindness, deafness, ADHD, bipolar disorder, and more. A disability discrimination attorney can advise Nassau County residents on whether their condition likely qualifies.

If you are disabled within the meaning of the ADA and covered by it, you have the right to be protected against disability discrimination, and you have the right to ask for a reasonable accommodation. You must be qualified to perform the essential job duties without a reasonable accommodation. You will need to satisfy the employer's job requirements like education, job experience, skills, or licenses, with or without a reasonable accommodation. Employers are not allowed to refuse to hire or promote you because you have a disability that stops you from doing job duties that are non-essential.

Reasonable Accommodations

Reasonable accommodations are alterations to the way that things are done in the workplace that would allow a qualified job applicant or employee who has a disability to either apply for or do the job. Our Nassau County disability discrimination attorneys can assert your right to a reasonable accommodation. For example, it might include modifying equipment, providing a device, restructuring the job, modifying a work schedule, reassignment to a vacant position, providing an interpreter or reader, making the jobsite accessible to someone with a disability, and adjusting training materials or policies.

If an employer can show that providing an accommodation would be an undue hardship, it need not provide the reasonable accommodation. The employer need not give you the precise reasonable accommodation that you request, but it is supposed to engage in an interactive process with you to determine whether there is an available alternative if the request is too burdensome. To this end, the employer may ask some questions about your limitations. Failing to provide a reasonable accommodation when it is not an undue hardship may constitute disability discrimination.

State Law

If you work at a smaller employer, as long as it has at least four employees, you are protected against disability discrimination in the workplace by the New York State Human Rights Law. Under this law, you are also entitled to ask for a reasonable accommodation.

Hire an Experienced Disability Discrimination Lawyer in Nassau County

At Phillips & Associates, our Nassau County attorneys can evaluate your situation to determine whether you have a basis to sue for disability discrimination and represent you if appropriate. Call us at (866) 229-9441 or contact us online for a free consultation. We handle our cases on a contingency basis, so you do not need to pay us any fees upfront, and our fees are taken from an eventual settlement or judgment.

PHILLIPS & ASSOCIATES
585 Stewart Ave #410
Garden City, NY 11530
Tel: 516-365-3731
Fax: (212) 901-2107