Employees with disabilities in Westchester County have important protections under federal and state laws. These rights ensure they can perform their jobs without discrimination and with the necessary accommodations to succeed. Let’s explore these rights, the responsibilities of employers, and when exemptions may apply.
The Americans with Disabilities Act (ADA)
The ADA is a federal law that protects individuals with disabilities from discrimination in the workplace. It applies to employers with 15 or more employees and requires them to provide reasonable accommodations to qualified individuals with disabilities, as long as it does not impose an undue hardship on the employer.
A disability, under the ADA, is defined as a physical or mental impairment that substantially limits one or more major life activities. This broad definition includes conditions such as mobility impairments, chronic illnesses, mental health disorders, and sensory disabilities.
Who Is Covered?
Under the ADA and New York state law, employees who:
- Have a documented disability,
- Can perform the essential functions of their job with or without accommodations, and
- Work for an employer covered under these laws are eligible for protection.
Additionally, state laws in New York provide protections for employees in smaller workplaces, extending beyond the ADA’s 15-employee threshold.
Reasonable Accommodations
Reasonable accommodations are adjustments or modifications that enable employees with disabilities to perform their job duties. These accommodations vary depending on the employee’s needs and the nature of their work but may include:
- Adjusted work schedules or remote work options,
- Accessible workspaces,
- Assistive technologies,
- Modified job duties, or
- Additional training or support.
The key is that accommodations must not cause undue hardship to the employer, such as significant financial strain or disruption to business operations.
Employer Responsibilities and Undue Hardship
Employers are obligated to engage in an interactive process with employees to determine suitable accommodations. This includes discussing the employee’s limitations, job requirements, and potential solutions.
However, employers may deny accommodations if they can demonstrate that providing them would impose an undue hardship. Factors considered include the size of the business, financial resources, and the nature of the accommodation.
What Should Employees Do?
Employees who need accommodations should communicate their request clearly and provide necessary documentation. If an employer refuses a reasonable request or retaliates against an employee for asserting their rights, the employee may have grounds for legal action.
Why Work With a Disability Rights Lawyer?
Understanding disability rights and navigating legal processes can be challenging. An experienced lawyer can advocate for your rights, help you negotiate accommodations, and provide representation if disputes arise.
At Gash & Associates, P.C., we are committed to protecting the rights of employees with disabilities in Westchester County. Our team can provide the guidance and advocacy you need to ensure your rights are upheld. Contact us today to discuss your case.
Empowering Employees With Disabilities
Employees with disabilities have the right to work in an environment free from discrimination, with the necessary support to succeed. By understanding your rights under the ADA and state law and seeking professional legal assistance when needed, you can take proactive steps to protect yourself and your career.