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Disability Discrimination and Harassment

Workplace Without Disability Discrimination and Harassment

Disability Discrimination and Harassment are prohibited by the federal, state and city law. The following federal acts protect individuals from discrimination and harassment in the workplace related to their disability:

  • Titles I and V of the Americans with Disabilities Act (ADA) of 1990. This act applies to employers from non-state sector as well as state and local governments providing legal protection for qualified workers with disabilities.
  • Section 501 and Section 505 of the Rehabilitation Act of 1973. This act is designed to prevent disability discrimination and harassment in the federal government sector.

The ADA and the majority of state discrimination laws only provide protection for qualified disabled workers as well as workers who "are regarded as" or "perceived as" disabled. In order to be protected by the ADA a person needs to be able to perform his or her job duties while having a legally recognized disability. A legal disability is a long-term impairment which limits the workers ability to perform in a wide spectrum of jobs, not just a couple of specific functions. For example, when a person fails to get a job as a commercial pilot because of poor eye-sight which doesn't prevent him or her from working in a number of other jobs though, that is not the case of disability discrimination.

The ADA covers all spheres of working relations starting from the application process to the promotion policy and benefits distribution. Under the ADA employers cannot limit job opportunities for disabled workers either directly or through standards that impair their competitiveness as compared to the employees without disabilities. The ADA also requires the employers to inform their employees of the rights granted to them by the federal and state laws.

In order to prevent disability discrimination and harassment in the workplace, the ADA requires the employer to provide a reasonable accommodation for disabled employees. The accommodation usually involves some changes to the working environment such as creating barrier-free zones for wheelchair-bound employees, or restructuring one's job descriptions so as to relieve the disabled employee from non-essential duties, etc.

Disability Discrimination and Harassment 3Disability harassment can be defined as unwelcome offensive conduct related to a person's disability that violates one's personal dignity and/or leads to creation of a hostile work environment. Disability harassment may take the form of intimidating jokes, comments, gestures or any other inappropriate verbal or physical action related to a person's disability.

If you feel that you are subject to disability discrimination and harassment it is critical to respond immediately and stop the unwanted conduct and unfair treatment. When given an opportunity disabled people can greatly contribute at work. Prejudice and unlawful discrimination should not become an obstacle to one's participation in the society. If you are discriminated against or harassed because of your disability, you can file discrimination and/or harassment charges with the U.S. Equal Employment Opportunity Commission (EEOC) or a similar state/ city agency. You can also sue directly in court. Contact our firm for assistance if you are the victim of disability discrimination or harassment.

Disability Discrimination Lawyer in NYC

If you have been discriminated against in the workplace because of a disability, The Law Office at Borrelli & Associates, P.LL.C. can help. Our New York disability discrimination lawyers are specialists in cases in which employees are treated differently or even mistreated because of their disabilities.

Disabled employees must deal with all kinds of prejudices in the workplace, such as harassment, rude jokes about people with disabilities, and other forms of employment discrimination. But employees with disabilities can accomplish most tasks with the same efficiency as non-disabled employees, and often are more motivated to succeed.

Employee Rights of the Disabled in the Workplace

Perhaps you were laid off or you lost some precious hours because of your disability, or maybe your co-workers treat you poorly because they think your disability is something to laugh about. Don't let them get you down! If you are a disabled worker, you were hired because your skills and qualifications matched the requirements your employer was looking for, so you should not have to tolerate any disability discrimination or harassment in the workplace.

Borrelli & Associates, P.L.L.C. is ready to take your case and will fight for you. We have offices in Manhattan and Great Neck and serve all of NYC and Long island. Contact us today for a consultation.

1010 Northern Boulevard
Suite 328
Great Neck, NY 11021
Tel: 516-248-5550
Fax: 516-248-6027

655 Third Avenue
Suite 1821
New York, NY 10017
Tel: 212-679-5000
Fax: 212-679-5005