New York City Americans with Disabilities Act Attorney
Unfortunately, discrimination in the workplace against people with disabilities is something that occurs too often. The Americans with Disabilities Act protects employees with disabilities from discrimination. The law does more than that because it also requires that an employer reasonably accommodate the employee’s disability so long as he or she can continue with the accommodation to perform the essential functions of the job.
At Cary Kane LLP, we know how difficult it may be to fight for yourself when being discriminated against because of your disability. But in this time of great unemployment fighting to keep a job with a reasonable accommodation may be the best thing you can do for yourself.
What the ADA States
The ADA has two major components: it defines who is considered to be disabled and what protections they should be afforded. According to the ADA, a person who has a “physical or mental impairment that substantially limits one or more major life activities” is considered disabled, in addition to those who have a history of being disabled in this manner or who are considered to have such disabilities.
Anyone who is deaf, blind, or otherwise disabled is entitled to certain protections under the ADA, including protection from disability discrimination. This essentially means that an employer cannot make employment decisions, such as hiring, firing, promotion, and more, based simply on a person’s disability (excluding jobs that a person’s disability prevents them from doing, e.g. you can’t drive a truck if you are completely blind). Furthermore, under the ADA employers are required to provide reasonable accommodations for disabled employees. When an employee requests these accommodations, the employer is supposed to do what is considered reasonable to fulfill this request. Accommodations include things such as providing additional training, modifying equipment and their environment, providing more flexible scheduling, and more.
Supreme Court decisions at one point in time made ADA claims difficult to prove, but Congress overturned these bad decisions when it passed the Americans with Disabilities Act Amendments Act in 2009. Today, workers with disabilities have significant protections under the law.
Discuss the Americans with Disabilities Act with Lawyers in New York City
No one should have to endure the repercussions that often accompany being discriminated against for a disability. At Cary Kane LLP, our lawyers fight aggressively to ensure our clients’ rights are protected under the ADA. Call us at (212) 868-6300 today.
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