Representing Employees In Disability Discrimination (ADA Claims)

The term disability can mean different things to different people. Most people immediately think of physical disabilities. However, there are numerous other conditions that may not be as obvious that fall under the protections provided by the Americans with Disabilities Act (ADA).

For example, someone who has limitations due to a heart condition or a neurological condition might not be seen as disabled. But according to the ADA, New York employers and employees who discriminate against someone based on a past or current disability, or the perception of a disability, can be held accountable. This is true whether a person is already an employee of a company or if they are applying for a job.

It is also illegal to discriminate due to the "threat" of a disability. For example, a company might terminate a qualified employee who has had cancer in the past, but is currently in remission. That person might not have any active limitations, but if their cancer would come back, they would need to be accommodated.

What Constitutes Disability Discrimination?

In 2009, the ADA's definitions of disability were broadened to cover more people under the law's provisions. Before the 2009 amendment, the limitations from impairment needed to be "severe or significant" and considered substantially limiting. Limits can come to a variety of major life tasks that include obvious tasks, such as walking, hearing, speaking, or to other things that can be considered "major life activities" — these may include digestive problems, neurological problems, musculoskeletal issues, and others. The new provisions also recognize that a substantially limiting condition can last less than six months and still be covered.

Our attorneys at The Law Offices of Jeffrey E. Goldman can help you understand both state and federal laws pertaining to disability discrimination and harassment. We will review your case, explain the law, your options for holding an employer accountable and work closely with you throughout the process.

If your life is affected by a disabling condition, the last thing you need is for an employer to make things more difficult by blocking your way to earning a living. If this is happening to you, it's important to have someone on your side to defend and assert your rights.

There are numerous federal agencies that oversee various aspects of the ADA, including the Deparment of Labor, Equal Employment Opportunity Commission (EEOC), the Department of Transportation, the Federal Communications Commission (FCC) and the Department of Justice. The Department of Labor offers numerous resources on its website.

Over 25 Years Of Combined Experience Representing Your Rights

At The Law Offices of Jeffrey E. Goldman, we have taken on many cases in these types of situations. If you believe that you or a loved one is being discriminated against because of a disability, contact us and schedule a free initial consultation with our team of lawyers at 212-983-8999 or complete our online contact form.