legal remedies for disability discrimination
Whether your disability is real or perceived, you have rights when it comes to seeking employment and housing. Under federal laws like the Americans with Disabilities Act and New York state and city anti-discrimination statutes, it is illegal for your employer to discriminate against you because of your disability or health condition. If your employer has done so, contact a Long Island disability discrimination attorney right away for a free evaluation of your case.
The ADA prohibits employers of 15 or more employees from discriminating against workers on the basis of their disability or perceived disability in hiring, firing, pay, benefits, promotions, training and other terms and conditions of employment. It also requires employers to make reasonable accommodations for qualified disabled individuals, unless doing so would cause an undue burden.
Discrimination in housing is also illegal, and it can occur when landlords or property managers fail to make their properties accessible for people with disabilities, or when business owners refuse to let a person bring a service animal into their establishments. In general, apartment complexes and businesses open to the public such as shops, restaurants, hospitals, hotels, museums, theaters and doctors’ offices must be fully accessible for people with disabilities.
What are the legal remedies for disability discrimination?
To qualify as a disability under federal law, the medical condition that prevents you from working must be permanent or expected to last 12 months or longer. In addition, under NYC disability discrimination law, a more broad range of impairments will be considered disabilities, including temporary illnesses that cause limitations.
After a legitimate disability claim lawyer claim is filed with the EEOC, the court may award damages to put the victim back in the position they would have been in had their employer not engaged in discriminatory behavior. The amount of damages will vary, depending on your situation and the severity of your injuries. Damages can include lost wages, exemplary damages, attorney’s fees, costs and other expenses related to the discrimination. You may also be entitled to a return of any benefits you were forced to forgo due to your disability, such as vacation time, sick days and pension or retirement benefits.
Bringing a disability discrimination claim against an employer can be a complicated and stressful process. It is critical that you work with a knowledgeable and experienced attorney to determine the best legal remedies for your situation. A lawyer can assist you in gathering the required evidence, filing a complaint with the EEOC and pursuing a lawsuit if necessary.
After you file a disability discrimination case against your employer, your attorney will be able to help you recover the appropriate damages that are available to you under the ADA and applicable state or local anti-discrimination laws. Generally, the monetary awards for disability discrimination cases are intended to put you back in the position that you would have been in had your employer not violated the ADA and your rights. These damages can include lost wages, past and future earnings, attorney’s fees, cost of proving your case, lost benefits and more.
