New York City ADA Lawyers

Millions of Americans have one or more physical or mental disabilities. In the past, these Americans often faced segregation or unfair treatment in the workplace with no remedy. Individuals who were capable of doing the job were often shut out of employment due to unfair stereotyping or because employers refused to make basic accommodations to create an accessible workplace.

In 1990, Congress passed the Americans with Disabilities Act. This law requires disabled Americans to be given equal employment opportunity in the workplace. Below is a brief overview of certain key provisions of the ADA and how it protects the rights of the disabled.

Who is disabled under the ADA?

The ADA defines a disability as any "physical or mental impairment that substantially limits one or more major life activities." In addition to protecting people who actually have such impairments, the ADA extends its protection to individuals with a record of having such impairment or who are regarded as having such an impairment. This definition protects not only who society traditionally considers "handicapped" such as the blind or deaf, but individuals with a range of impairments, so long as it substantially limits one or more major life activities.

What discrimination is prohibited?

The ADA prohibits employers from discriminating against the disabled. This can include failure to hire or promote due to animosity against the disabled. It also includes the employer's refusal or failure to make a workplace accessible to those with disabilities. The ADA, unlike other discrimination statutes, provides that an employer must make a "reasonable accommodation" for workers protected under the Act. These accommodations could include modifying training materials, adjusting equipment, allowing additional days of paid leave, providing interpreters or readers, and flexible scheduling for the disabled employee. This list is not exhaustive by any means The employee must request a reasonable accommodation, and the ADA anticipates that the employer and the employee will engage in a good faith deliberative process to see if the employee's request can be granted. What constitutes a "reasonable accommodation" needs to be assessed on a case-by-case basis.

If you believe you have suffered from disability discrimination, contact the New York Americans with Disabilities Act attorneys at the law firm of Cary Kane LLP who will evaluate your claim under the ADA and other local discrimination laws.