Understanding Your Rights Under the ADA: Fighting Disability Discrimination in New York City

Introduction
The Americans with Disabilities Act (ADA) is a crucial piece of legislation that protects the rights of individuals with disabilities in various aspects of life, especially in employment. Since its inception in 1990, the ADA has provided millions of Americans with disabilities the opportunity to work without facing discrimination. However, not all employers are fully compliant with ADA requirements, and some may intentionally or unintentionally discriminate against employees with disabilities. At Mansell Law, our New York City ADA lawyers are dedicated to fighting for your rights and ensuring you receive fair treatment in the workplace.

What Does the ADA Cover?
The ADA prohibits discrimination by employers with 15 or more employees, including state and local governments, employment agencies, and labor organizations. The law defines a “qualified individual with a disability” as someone who can perform the essential functions of a job with or without reasonable accommodation. Disabilities under the ADA include:

• A physical or mental impairment that substantially limits one or more major life activities.
• A record or history of such an impairment.
• Being perceived as having such an impairment.

Importantly, even if you do not currently have a disability, you may still be protected under the ADA if you are regarded as having a disability.

Prohibited Forms of Discrimination Under the ADA
The ADA broadly prohibits discrimination in all areas of employment, including:

• Hiring and Firing: Denying a job or terminating an employee based on their disability.
• Advancement and Compensation: Refusing to promote or fairly compensate an employee because of their disability.
• Job Training: Excluding individuals with disabilities from training opportunities.
• Terms and Conditions: Applying different terms or conditions to employees with disabilities, such as job assignments or work schedules.

Additionally, employers may violate the ADA by denying reasonable accommodation requests, retaliating against employees for asserting their ADA rights, or refusing FMLA leave that also qualifies as a disability.

How to File an ADA Discrimination Claim
If you believe you have been discriminated against based on your disability, you must first file a complaint with the Equal Employment Opportunity Commission (EEOC). The EEOC may choose to take action on your behalf or issue a “right to sue letter,” allowing you to file a lawsuit against your employer. Remedies for ADA violations can include reinstatement, hiring, reasonable accommodations, and financial compensation for damages, including attorney’s fees and potentially punitive damages for egregious conduct.

You may also file a complaint with the New York City Human Rights Commission or the New York Division of Human Rights for additional protection under state and local laws.

Contact Mansell Law for a Free Consultation
If you are experiencing disability discrimination at work or believe your rights under the ADA have been violated, the skilled ADA attorneys at Mansell Law are here to help. Call us today at 646–921–8900 for a free consultation, and let us fight for your right to a fair and equitable workplace.

Conclusion
Navigating ADA protections can be complex, but you don’t have to do it alone. With the right legal support, you can ensure your rights are protected and hold your employer accountable for any violations. Mansell Law is dedicated to helping New Yorkers with disabilities achieve fair treatment in the workplace.

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