Can I Sue for Disability Discrimination?

Disability Discrimination

You can sue for disability discrimination if you have been treated less favorably than others due to a physical or mental impairment that substantially limits one or more major life activities. Discrimination based on a disability can take many forms, including harassment, physical assault and the denial of access to goods or services.

Generally, you can sue under the Americans with Disabilities Act (ADA) or a state law that is similar. You can also file a private lawsuit against the person or business that violated your rights. Typically, you can reach a settlement agreement outside of court that satisfies your needs and the requirements of the law. This can save a great deal of time and money compared to taking your case all the way to trial.

The ADA prohibits businesses and public entities that receive federal funding from discriminating against people with disability discrimination in employment, programs, services and activities. It also requires that those entities make reasonable accommodations for qualified individuals with disabilities, unless it would impose an undue hardship on the entity. This could include things like adjusting equipment, exams or training materials. It can also involve modifying work schedules, job assignments and company policies. For example, if you have limited mobility and use a wheelchair to get around, an employer would likely be required to provide you with a parking space near the entrance.

Can I Sue for Disability Discrimination?

If your employer refuses to make reasonable accommodations for you, this is illegal. It is also illegal for an employer to fire you based on assumptions about your disability. For example, if you disclose that you have multiple sclerosis and your employer assumes you will miss lots of work, this is discrimination.

You can also sue under New York State or City human rights laws if you have been the victim of discrimination. These laws often have broader protections than the ADA and allow for claims to be brought against a wider range of entities. It is important to consult with a NYC disability law discrimination lawyer to find out which option is best for you.

The federal EEOC enforces ADA violations, but the PHRC handles NYSHRL and NYCHRL violations. These agencies have a mutual agreement to cross-file discrimination complaints when necessary.

Disability discrimination can be a devastating experience, but it is not something that you have to accept. If you have been the victim of this type of discrimination, it is important to contact a NYC disability attorney as soon as possible to discuss your legal options. You may have a claim for redress, including damages for your pain and suffering, medical bills, lost income and more. The experienced attorneys at The Evolve Law Group can help you get the compensation you deserve. To schedule a free consultation, call today. We have offices throughout New York City and the surrounding area. We also represent clients nationwide in federal, state and local courts. Call us or fill out our online form to schedule your free consultation.