Disability discrimination in hiring remains a serious issue—even with strong laws in place to prevent it. In Westchester County, people with disabilities still face bias and barriers when applying for jobs. Employers may make assumptions about someone’s capabilities or hesitate to offer accommodations, which can unfairly lead to rejections. If you believe you were denied a job because of your disability, it’s important to understand your rights and how to take action.
Legal Protections for Job Seekers with Disabilities
Job applicants in Westchester are protected by both the Americans with Disabilities Act (ADA) and the New York State Human Rights Law. These laws make it illegal for an employer to discriminate based on a disability if the applicant is otherwise qualified for the role and able to perform essential duties, with or without reasonable accommodations.
Unlike some federal laws that only apply to larger employers, New York’s Human Rights Law applies to most workplaces—including smaller businesses and local agencies. That means even if you’re applying for a job at a small company in White Plains or another Westchester town, these protections still apply.
Red Flags That May Indicate Discrimination
While employers rarely admit to discriminatory motives, certain behaviors during the hiring process may suggest bias:
- Inappropriate Questions: If you’re asked about your disability, medical treatments, or medications during an interview, that’s a violation. Employers are only allowed to ask whether you can perform the job’s tasks, not about your medical condition.
- Refusal to Accommodate: Let’s say you request a minor accommodation, like moving the interview to an accessible location or using assistive technology for a skills test. If the employer refuses without considering options, that’s a red flag.
- Shifts in Tone or Communication: Some applicants report interviews going well—until they mention their disability. If an employer suddenly becomes distant or cancels follow-ups, that change could be significant.
The Role of a Disability Discrimination Lawyer
At Gash & Associates, P.C. in White Plains, we work with clients throughout Westchester County to pursue disability discrimination claims. Proving discrimination isn’t always straightforward, but we know how to challenge vague excuses like “someone else was a better fit.” We’ll help you prepare a complaint with the New York State Division of Human Rights or the EEOC, negotiate with the employer, and pursue damages if your rights were violated.
FAQ
Can an employer ask about my disability?
No. They may ask whether you can perform the job with or without accommodations—but they can’t ask about your diagnosis or medical history during hiring.
What if I was qualified but not hired?
If your credentials met the job requirements and you were passed over after revealing a disability or requesting an accommodation, that could be grounds for a legal claim.
What damages can I recover?
You may be entitled to lost wages, emotional distress damages, attorney’s fees, and—in some cases—punitive damages.
If you believe your rights were violated during the hiring process, call Gash & Associates, P.C. at (914) 328-8800. Let’s talk about what happened and what we can do to protect your future.