Derek Smith Law Group / Employment Law / Disability Discrimination / Disability Discrimination Attorneys in New York City

Disability Discrimination Attorneys in New York City

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What Is Discrimination Based on Disabilities in New York City?
Contact Our Experienced New York City Disability Discrimination Attorneys for Your Free Consultation
Different Types of Workplace Discrimination Cases We Handle:

Disability discrimination in New York City occurs when an employee or job applicant is treated unfairly or harassed by an employer, supervisor/manager, CEO, co-worker, client/customer, vendor, or other non-employee because of a disability. The disability can be visible to the public or could be something that is only known if you choose to let people know it exists. Both federal and state laws prohibit disability discrimination in the workplace. For over 25 years, the experienced attorneys at the Derek Smith Law Group have helped victims of disability discrimination, just like you, get the compensation they deserve.

What Is Discrimination Based on Disabilities in New York City?

Disability discrimination in the workplace occurs when an employee or job applicant is treated unfairly or harassed by an employer, supervisor or manager, CEO, co-worker, or non-employee because of a disability. Under both federal and state laws, it is prohibited to make any type of employment decisions solely based on a person’s disability. In addition, the law requires an employer to make reasonable accommodations for an employee or job applicant who is disabled so the individual can continue to work in his or her current position.

Disabilities may be visible to the common person or may not appear unless someone tells you about them. Some common disabilities may include, but are not limited to:

Diabetes
Cancer
Heart disease
ADHD
Mental Health Disorders
Dyslexia
Multiple sclerosis
Muscular dystrophy

Downs Syndrome
Alcoholism or substance abuse disorders
Deafness
Blindness
Epilepsy
HIV
Autism
Mobility impairments

What Laws Protect Employees from Disability Discrimination in New York City?

The Americans with Disabilities Act (ADA) is the federal law that protects employees and job seekers in companies with 15 or more employees from discrimination in the workplace based on covered disabilities.

The New York Human Rights Law (NYHRL) and the New York City Human Rights Law (NYC HRL) are state and local laws that protect employees and job applicants in companies with 4 or more employees from discrimination in the workplace based on covered disabilities.

What Evidence Is Needed to Prove Disability Discrimination in New York City?

In order to prove disability discrimination in the workplace, you must produce evidence that you were treated unfairly or harassed because you are disabled. This can be done in three ways: direct evidence; disparate evidence; and policy evidence.

Direct Evidence. Direct evidence is exactly as it sounds. It is when it is said or written that you were treated unfairly because you are disabled. Many times, this is called “the smoking gun.” The statement can be said directly to you or said to someone else about you. It can also come in the form of an email or text either directly sent to you or accidentally sent to you. The key is the content must express that the direct cause for the discriminatory actions was your disability.

Disparate Evidence. Disparate evidence is more common. It shows a cause and effect relationship between discrimination and the knowledge of a disability. For instance, if your employer learns that you are HIV positive and then terminate you a week later, you may have disparate evidence of disability discrimination.

Policy Evidence. Sometimes a company policy is discriminatory by nature. Enforcing the policy can be the reason for the discrimination. Whether this is intentional or unintentional is not a concern. The issue is the policy, which can be used as evidence for your disability discrimination claim.

What Are Examples of Disability Discrimination in New York City?

Disability discrimination in the workplace comes in many different forms. Sometimes it is blatantly harassing or unfair treatment based on a person’s disability. Other times, it is more subtle and may not be something everyone would notice. Some examples of discrimination against disabled employees may include, but are not limited to:

Terminating an employee after learning of a chronic illness
Co-workers making insensitive jokes about cancer patients even after being asked to stop
Your employer refuses to adjust your work schedule to help accommodate your need for doctor’s appointments
Your employer demotes you because you can no longer lift more than 50 lbs., even though that is not a job requirement
You are denied working on a project because you are in a wheelchair
Your employer does not have ADA approved bathroom stalls or entrances for the office
You have seen a reduction of hours in your schedule due to your recent MS diagnosis
You are terminated for complaining about your supervisor’s comments about you being an alcoholic to the entire staff
Your job is terminated while you undergo treatment for substance abuse
Your co-worker tells everyone to stay away from you because you have HIV
Your boss yells at you and tells you that you are the dumbest person he has ever worked with even though he knows you have a learning disability.

What Is the Statute of Limitations to File a Claim for Disability Discrimination in New York City?

Disability discrimination in the workplace in New York City claims are filed with the Equal Employment Opportunity Commission (EEOC) under the Americans with Disabilities Act. The time limit to file a claim is 300 days from the date of the last incident of discrimination. The EEOC will investigate the claim to make sure it falls within the guidelines of the ADA and issue a Right to Sue letter. Then, you can file a lawsuit in federal court for your claim.

If you have a claim under the NYC HRL, you have a time limit of one year to file a claim with the New York City Commission of Human Rights. The Commission will investigate the claim and allow you to proceed with your case if your claim meets the guidelines.

What Remedies Are Available for Disability Discrimination in New York City?

As a victim of disability discrimination in the workplace, you have rights. New York City courts offer relief for victims to help them maintain those rights. Some of the remedies available may include, but are not limited to:

Reinstatement of employment and/or benefits
Reimbursement of benefit premiums
Reimbursement of medical and other related expenses
Instituting requested accommodations for your disability
Reviewing and revamping disability policies
Reassigning or terminating the person responsible for the discriminatory behavior
Back pay
Future pay
Attorney’s fees
Emotional Distress
Pain and Suffering

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During the time that I really needed a good counselor and I was approaching different attorneys unfortunately before they heard the problem they were demanding a retainer fee. A friend of mine introduced me to the Derek Smith Law Group and I was very fortunate to be answered by Matt Finkleberg who was very polite and understanding and gave me a lot of confidence without asking for any fees in f... Read Full Testimonial

Sambiz Amini

Matt Finkleberg is by far the best attorney I’ve ever hired!

Tanya Scheer

Matt Finkelberg is an outstanding attorney. It was a pleasure to have him represent me for my employment case. He was very easy to talk to. He was very supportive and knowledgeable throughout the whole process. He explained the entire process to me and kept me informed every step of the way. Matt fought diligently throughout my case to make sure my case was represented best. I am very gratef... Read Full Testimonial

Phyllis Parker

Matt Finkelberg is a top notch lawyer. He is very easy to talk to and truly cared about me as his client. He definitely earned my trust and confidence in his capabilities to represent me in the most professional respects. I give Matt and his firm the Derek Smith Law Group my highest recommendation to anyone who is seeking legal help for employee/employer related matters.

Wally Peczon

Matt Finkelberg is a life saver. During this whole process not only did I have a great lawyer but I also made a great friend. Matt was very attentive to my case, and mental health. Matt helped me during probably the darkest time of my life and for that I am forever grateful to have came across the Derek Smith law group. As a past client, I 100% recommend Matt Finkleberg. Matt provides a safe sp... Read Full Testimonial

Tali Loya

It was a pleasure to have Casey represent and help me for my employment case. It was my first time needing an attorney, so I was a bit apprehensive at first – Casey took the time to answer all of my questions and fully explain everything to me, which really put me at ease. He was very attentive, supportive, and knowledgeable throughout the whole process – Casey would ask questions to ensure... Read Full Testimonial

Corey Kientz

matt is an excellent attorney. he handled my case with the utmost care and highly exceeded all expectations. i could not recommend derek smith and esp. matt finkelberg enough

Seedie Whiser

Corey Kientz

You will be in great hands at this firm! Alyssa the managing paralegal is an absolute professional who excels at what she does. You can tell she truly cares about providing the best service possible, and is passionate about helping her clients. With Alyssa at the helm, this firm is a top-notch choice for anyone seeking assistance. Highly recommend!

Marissa Shander

Matt Finkelberg is Amazing and Devotional! It was a pleasure to have Matt represent me for my employment case. He was very attentive, supportive, and knowledgable throughout the whole process. Whenever I reached out he responded promptly which I greatly appreciated. Matt fought diligently and hard throughout my case to make sure my case was represented best. Thank you again Matt for everything.... Read Full Testimonial

jessica gonzalez

Olivia is absolutely outstanding! She understands the emotional side of your case while being able to find the legal aspects of holding the employer accountable for breaking the law! Made a really terrible situation a little easier by explaining everything and helping me get everything in order and in the right hands. I would not use anyone else! Call them for any sexual harassment case... You ... Read Full Testimonialwon't be disappointed! 10/10

Rae Millstone

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How Long Will A Lawsuit for Disability Discrimination in New York City Last?

A lawsuit for disability discrimination in New York City can last anywhere from 4 to 6 months to a year or longer. If your employer is willing to negotiate a fair settlement, your lawsuit may settle in as little as 4 to 6 months.

However, if your employer is not willing to negotiate, your case may take 8 months to a year or longer to prepare for trial. The trial may then last another few days to several weeks or more before a judgment is entered.

A Few Things You Can Do Right Now

As a victim of disability discrimination in the workplace, there are several things you can do while you determine whether you wish to bring a lawsuit against your employer.
1. Contact an experienced disability discrimination lawyer immediately.
2. If you are still employed, do not quit your job until you consult with your attorney.
3. If your company has an HR department, file a complaint in writing regarding the discrimination based on your disability.
4. If your company has a disability discrimination policy, follow it.
5. Gather evidence. Document every incident including what occurred, who was involved, when and where it occurred, and any witnesses.
6. Do not waste time. You have a year or less to file a claim for disability discrimination in New York City. Do not wait until it is too late.

Verdicts & Settlements

Our results speak for themselves

$4.9 Million Settlement

Case Handled by The Derek Smith Law Group Attorney Catherine Lowry Schuylkill County, Pennsylvania The Derek Smith Law Group secured a $4.9 million settlement on behalf of multiple employees of Schuylkill County who came forward with allegations of sexual harassment,…

$1.5 Million Settlement

Case Handled by The Derek Smith Law Group Attorney Derek Smith Supreme Court of the State of New York, County…

$2.78 Million Jury Verdict

Case Handled by The Derek Smith Law Group Attorney Zachary Holzberg United States District Court, Eastern District of New York…

$4.050 Million Jury Verdict

Case Handled by The Derek Smith Law Group Attorney Derek Smith Supreme Court of the State of New York, County…

$1.6 Million Jury Verdict

Case Handled by The Derek Smith Law Group Attorney Derek Smith Supreme Court of the State of New York, Appellate…

Contact Our Experienced New York City Disability Discrimination Attorneys for Your Free Consultation

All employees deserve an opportunity to work in a place free from discrimination, whether they are disabled or not.

If you are a victim of workplace disability discrimination in New York City, the experienced attorneys at the Derek Smith Law Group can help.

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