The New York City Disability Discrimination Law
New York City has its own disability discrimination law. It is part of the New York City Human Rights Law and you can find the text of the law here. This disability discrimination law is better for employees than the federal Americans with Disabilities Act. The New York City disability discrimination law defines disability broader than the ADA and protects more people and there are no limits on damages and even better, you can bring a case under this law in New York state court and avoid federal court.
Section 8-107 of the New York Human Rights Law provides that employers are prohibited from discriminating against an employee because of an actual disability or a perceived disability. This law protects not only the disabled but also those who are perceived as disabled. Under this law it would be illegal for an employer to fire non-disabled employee because the employer suspected that the person was disabled due to rumors, hospitalization, missed work or the like. This is serious law that is truly meant to help anyone who is fired or otherwise denied benefits or opportunities at work because of a disability or being perceived as disabled.
The New York City disability discrimination law also requires employers to provide reasonable accommodations to help disabled employees do their job. The law provides that employers "shall make reasonable accommodation to enable a person with a disability to satisfy the essential requisites of a job or enjoy the right or rights in question provided that the disability is known or should have been known by the" employer. This means that employers are required to provide disabled employees with tools, equipment, support, flexible schedules and anything else within reason that will assist a disabled employee in doing their job. If you are disabled and need assistance to do your job, be sure to put in a request for help but do so in writing and keep a copy. You also need to let your employer know about you disability and it is best to do so in writing and keep a copy.
The New York City Human Rights Law also protects employees from retaliation. If a company fires or takes any other adverse action against a disabled employee for asking for help or making a complaint about disability discrimination, that employee can sue the company for retaliation. Disability retaliation cases can be very strong and produce high verdicts.
If you have any questions about your rights at work, please feel free to contact us for a no cost, no obligation consultation.
