Disability Discrimination

It is illegal for an employer to discriminate against an employee in the workplace due to his or her disability. 

The Americas With Disabilities Act (“ADA”) and New York State and New York City laws protect employees from discrimination based on disability. These laws make it illegal to discriminate against an employee because of his or her disability when hiring, firing, promoting, or training, or with regard to any other term or condition of employment. These laws also require an employer to reasonably accommodate the employee’s disability so long as with the accommodation he or she can continue to perform the essential functions of the job.

It is also illegal to discriminate against an employee in the workplace due to his or her perceived disability. A perceived disability discrimination occurs when the employer treats the employee unfairly because the employer believes the employee is disabled when he or she is not.

It is illegal for an employer to terminate or mistreat an employee for making disability discrimination complaints. Laws are designed to permit employees to complain about disability discrimination without fear of retaliation.  

An employer that retaliates against an employee for making disability discrimination complaint faces the same damages/penalties that it would face for discrimination.