Disability Discrimination Is Illegal
Disability discrimination occurs when an employer treats an employee worse because of a physical, mental, medical, or perceived disability. It can also occur when an employer refuses to provide a reasonable accommodation that would allow the employee to perform the essential functions of the job, unless the accommodation would create undue hardship.
Disability discrimination may involve visible disabilities, chronic illnesses, mental health conditions, pregnancy-related conditions, temporary impairments, cancer, autoimmune conditions, mobility restrictions, neurological conditions, injuries, or other medical conditions. Employees are also protected from discrimination based on perceived disability or a history of disability.
Laws That Protect Disabled Employees
New York City employees are protected by the New York City Human Rights Law, N.Y.C. Admin. Code § 8-107. New York State employees are protected by the New York State Human Rights Law, N.Y. Exec. Law § 296. Federal law may apply through the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq. New Jersey employees may have claims under the New Jersey Law Against Discrimination, N.J.S.A. 10:5-12.
New York law also recognizes the importance of engaging with accommodation requests. In Jacobsen v. N.Y. Health and Hosp. Corp., 22 N.Y.3d 824 (2014), the New York Court of Appeals addressed disability accommodation obligations under state and city law.
Examples of Disability Discrimination
Disability discrimination may include:
- Firing an employee after learning about a medical condition.
- Denying medical leave or a modified schedule.
- Refusing remote work, assistive technology, modified duties, or schedule changes without proper consideration.
- Harassing an employee about medical appointments, symptoms, medication, or limitations.
- Treating an employee as unreliable because of a disability.
- Demanding unnecessary medical information.
- Refusing to return an employee to work after leave.
- Retaliating after an employee requests an accommodation.
Reasonable Accommodations
Reasonable accommodations may include schedule changes, leave, modified duties, remote work, equipment, seating changes, breaks, reassignment to a vacant position, or changes to workplace policies. The appropriate accommodation depends on the job, the medical need, and the employer’s operations. Employers generally must consider requests in good faith rather than rejecting them automatically.
Related Fingerhut Law Pages
FMLA Retaliation and Interference, NY Paid Family Leave Violations, Hostile Work Environment, Retaliation for Protected Activity, Wrongful Termination.
Contact Fingerhut Law
If you were denied accommodations, harassed, forced out, or fired because of a disability or medical condition, contact Fingerhut Law for a confidential consultation.
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