If you’re living in New York and have a disability, you may wonder if your employer is allowed to treat you differently because of it. The answer is no, and at Gash & Associates, P.C., we are committed to ensuring that your rights are protected under the law.
The Americans with Disabilities Act (ADA) and New York State Human Rights Law (NYSHRL) provide strong safeguards for employees with disabilities, by making it illegal for employers to discriminate based on disability. In this article, we’ll break down how these laws work in New York, what your employer’s obligations are, and how we can help you navigate these challenges to ensure your rights are upheld.
The Americans with Disabilities Act (ADA) and New York State Human Rights Law (NYSHRL)
The ADA is a federal law designed to prevent discrimination against individuals with disabilities in various areas of public life, including employment. Under the ADA, it is illegal for employers to discriminate against qualified individuals with disabilities in all aspects of employment, from hiring and firing to promotions, job assignments, and benefits.
In addition to the ADA, New York has its own laws that provide further protections for employees with disabilities. The New York State Human Rights Law (NYSHRL) goes beyond the ADA in several ways. For instance, the NYSHRL applies to all employers with four or more employees, while the ADA only covers employers with 15 or more employees. This means more workers in New York are protected under state law. Additionally, the NYSHRL explicitly prohibits harassment based on disability and requires employers to provide reasonable accommodations unless doing so would cause an “undue hardship.”
What Are Employers Obligated to Provide?
One of the most important aspects of both the ADA and NYSHRL is the obligation they place on employers to provide “reasonable accommodations” to employees with disabilities. A reasonable accommodation is any change in the work environment or the way things are usually done that enables a person with a disability to perform the essential functions of their job.
For example, if you have a physical disability, your employer might need to provide you with a wheelchair-accessible workspace or allow you to work from home if your condition makes commuting difficult. If you have a mental health condition, accommodations might include flexible work hours or additional breaks to manage stress.
Seeking Disability Accommodations
If you need an accommodation at work, the first step is to talk to your employer. If your request is denied or if you feel that your employer is not taking your needs seriously, there are resources available to help. Organizations like the Job Accommodation Network (JAN) can offer guidance on how to request accommodations and what to do if your employer is uncooperative. The New York State Division of Human Rights (DHR) is another resource because they enforce the NYSHRL and can investigate complaints of discrimination.
The Importance of Hiring a Lawyer
Unfortunately, not all employers follow the law, and some employees with disabilities may face discrimination or retaliation for requesting accommodations. If you find yourself in this situation, it’s important to seek legal help. At Gash & Associates, P.C., we can help you understand your rights, negotiate with your employer on your behalf, and represent you in court if necessary.