A disability should never disqualify a qualified individual from obtaining employment in any field.  Several laws protect employees from workplace discrimination based on a disability or even a perceived disability.  The Harman Firm is committed to defending the rights of employees who have been discriminated against because of a disability, be it permanent or temporary, or merely because the employer believes the employee has a disability when they do not.

Under the Americans With Disabilities Act of 1990, civil rights law pertaining to employment was greatly expanded to include Americans who suffer from disabilities.  The law makes it illegal to discriminate against any individual in employment matters based on a disability, as long as the employee is sufficiently qualified to hold the position.

An individual with a disability is defined by the ADA as a person who has a physical or mental impairment that substantially limits one or more major life activities, a person who has a history or record of such impairment, or a person who is perceived by others as having such impairment.  The ADA does not specifically name all of the impairments that are covered.

This act covers both disabilities that are permanent, as well as those that could only be temporary.  Temporary disabilities include any short-term illness or condition that severely impacts a person’s normal routine and life - it does not necessarily have to be a permanent condition.  Short-term disabilities could include pregnancy-related recovery time, treatment for trauma, as well as mental anguish posttraumatic stress disorder, back injuries, an adjustment in medications for such illnesses as cancer and HIV, for drug and alcohol addiction, disabilities and others.

The ADA also prohibits discrimination based on perceived disabilities, an area of law which has been examined in greater detail in recent years.  Perceived discrimination takes on many forms, many times being an employment related decision based on employees perceived ability to complete a specific job, regardless of the actual presence of a disability or inability to complete the job.

New York State and City also provide protections against disability discrimination that are in many cases broader than what is even covered on the ADA, and reinforce and expand the rights of disabled individuals.  New York State and City law also mandate that employers must reasonably accommodate employees on account of their disability, including making any changes to the office to allow for employees to do their job without impediments.  This includes making sure the office place is accessible to individuals with disabilities.

 The Harman Firm has detailed experience in dealing with all the facets and intricacies of disability discrimination.  If you believe that you’ve been treated differently in the workplace, or been discriminated against because of a disability, contact us today to evaluate your rights.