Disability Discrimination Attorney in New York City

Dedicated to Fighting Disability Discrimination in Jobs Throughout New York

Under federal and state law, it is illegal to discriminate against another individual based upon perceived or actual disability in any context of life, from education to housing, employment to accessibility. Under New York City law, disability means a past or present physical or mental impairment that substantially limits or has limited one or more major life activities.

Employers in New York City must comply with both state and local regulations, which provide some of the broadest employee protections in the country. The New York City Human Rights Law offers additional coverage beyond what federal law requires. This law means even small employers must take active steps to accommodate employees with disabilities. Local agencies, like the NYC Commission on Human Rights, enforce these standards and offer support to employees facing discrimination.

Disability discrimination in the workplace may happen when employers, sometimes unintentionally, enact policies that seem neutral but actually make it harder for some people to do their jobs. If you are a victim of disability discrimination in a New York City workplace, you need Brown Kwon & Lam.

According to the CDC, 26% of adults in the United States, nearly one in four, have some type of disability. This means many employees in New York have disabilities but still face unfair treatment, discrimination, and harassment in the workplace. However, federal, state, and local laws protect employees with disabilities.

Subtle discrimination often occurs when employers ignore accessibility requests or make only partial adjustments. Keeping up with ADA rules and local laws is crucial for fair workplace practices.

At Brown Kwon & Lam, we help employees in New York City protect their workplace rights and challenge employment discrimination, including disability discrimination. If you live with a disability, you have rights in the workplace and options for help if those rights are violated.

Get in touch with a professional disability discrimination lawyer in NYC at Brown Kwon & Lam by completing our online form or dialing (212) 295-5828.

Common Occurrences Of Employment Disability Discrimination 

Disability discrimination shows up in several ways. Employers break the law if they discriminate against a qualified employee or applicant based on disability in any aspect of employment. Some forms of discrimination happen more frequently than others. 

Employees in New York encounter discrimination even in organizations that claim to value inclusion. In busy sectors like finance, healthcare, and retail, workers across New York City often notice obstacles or a lack of reasonable accommodations. The city’s diverse workforce means every situation is different, calling for attention to both visible and invisible disabilities in employment settings.

Workplace discrimination can occur in the following ways:

• Hiring
• Firing
• Pay
• Job assignments
• Promotions
• Layoff
• Training
• Benefits
• Harassment
• Retaliation
• Failure to provide adequate accommodations
• Any other terms or conditions of employment

Unequal job assignments, exclusion from company activities, or overlooking employees for promotions due to disability are also common. Employers should routinely review their practices so they do not unintentionally sideline employees with disabilities.

Laws protect employees and job applicants from all of these forms of discrimination.

Companies need to identify and fix policies that inadvertently keep employees with disabilities out. Routine training for staff and management supports an inclusive workplace.

Understanding The Americans with Disabilities Act

Under the Americans with Disabilities Act (ADA), private employers with 15 or more employees, state and local governments, employment agencies, and labor unions cannot discriminate against qualified individuals with disabilities in hiring, firing, advancement, compensation, job training, or other terms, conditions, and privileges of employment.

Employers in New York covered by the ADA must work with employees to identify and implement reasonable accommodations. The ADA sets minimum standards, but New York City, state, and local laws offer additional protection. Employees in all five boroughs gain access to legal resources that do not exist under federal law alone, and local agencies complement federal enforcement. Learning how ADA rights interact with broader state and city protections helps employees make informed choices when seeking help from a disability discrimination attorney in New York.

The ADA focuses on reasonable accommodation, meaning employers must make necessary adjustments so employees can perform essential job functions. Every accommodation should meet a worker’s specific needs while maintaining the standards needed for business operations.

In 2008, the ADA expanded disability coverage to include:

• An impairment that substantially limits one major life activity need not limit other major life activities to be considered a disability.
• An impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active.
• The determination of whether an impairment substantially limits a major life activity shall be made without regard to the ameliorative effects of mitigating measures such as medication, medical supplies, equipment, prosthetics, hearing aids and cochlear implants, mobility devices, oxygen therapy equipment and supplies; use of assistive technology; reasonable accommodations or auxiliary aids or services; or learned behavioral or adaptive neurological modifications.

Key Filing Deadlines and Procedural Steps

To pursue a disability discrimination claim, you need to meet specific deadlines. In New York, most workers must file a charge with a local agency like the NYC Commission on Human Rights or the New York State Division of Human Rights within one year after the discriminatory incident, though certain state-level claims allow up to three years. If you miss these timeframes, your legal options may be limited. In New York City, agencies manage cases through intake, investigation, and sometimes hearings or mediation. Keep detailed records and respond quickly if investigators request information.

Choosing the right agency is important because both city and state laws protect against disability discrimination, but have unique remedies. Employees in fields like healthcare, hospitality, or unionized environments may face more complex procedures. Early support from a disability discrimination attorney in New York can clarify which steps best fit your situation. Thorough documentation and clear communication with these agencies safeguard your rights under New York’s strong anti-discrimination regulations.

New York Human Rights Law for Disability

Under the disability provisions of the New York City State Human Rights Law, New York City employers must provide employees with reasonable accommodations so that a person with a disability or a job applicant with a disability can perform their job duties.

New York law protects more employees than federal law by applying to even small employers with at least four employees. The NYC Commission on Human Rights often investigates disability complaints and can order employers to change policies or even reinstate a wrongfully terminated employee. New York City's strong legal enforcement lets employees turn to local remedies even when federal law does not apply.

This may include:

• Accessible worksite
• Modified equipment
• Support services for those who may be hearing or vision impaired
• Job restructuring
• Modified work schedule

The employee also plays a role by cooperating in providing medical or other information needed to confirm the disability or a pregnancy-related condition, or that is necessary to consider an accommodation.

The law requires strict confidentiality for this medical information. The New York City Human Rights Law features many of the same requirements as state law, but provides protection just for people working in the city.

Employers must watch their workplace environment and practices to stay compliant, building a culture of fairness and equal opportunity. Breaking these rules can bring legal consequences and hurt a company’s reputation.

How New York Disability Protections Differ from Federal Law

New York offers broader anti-discrimination protection than federal law. While the Americans with Disabilities Act only covers employers with 15 or more employees, New York state and city laws apply to employers with as few as four employees. This lower threshold lets more employees take action if they experience disability discrimination. State and city agencies can order remedies that federal law does not, including mandates for updated workplace accommodations or new policies.

The New York City Commission on Human Rights investigates and resolves complaints throughout the city. Local laws protect groups not always named by federal law, such as workers with certain temporary or perceived disabilities. These expanded local rules mean employees have a better chance of resolving workplace issues and finding support for fair treatment. As a result, people with disabilities can seek help no matter the size of their workplace, reflecting New York’s focus on inclusion and equal opportunity. Be sure to speak with a professional disability discrimination lawyer in New York to learn more about your rights.

Protecting Your Rights as an Individual with Disabilities

If you believe you have faced disability discrimination in New York City, take practical steps to protect your rights. Start by documenting any instances of discrimination, with specific dates, times, locations, and full details of every incident, including the parties involved and any witnesses.

Each NYC borough has its own timelines and workloads, so respond quickly when you notice discrimination. Reporting issues soon after they happen is important because New York’s statutes of limitation affect how much time you have to act. Usually, you have one year to file with the NYC Commission on Human Rights and up to three years for certain state law claims. Late filings can bar your claim, so take prompt action to keep your options open.

Once you gather documentation, consider speaking to your employer or human resources department. Sometimes this results in a solution or identifies ongoing discrimination that may need a legal remedy. If the issue continues, consulting a disability discrimination attorney in New York is the next step. The team at Brown Kwon & Lam can explain your options and how to move forward.

Connect with an experienced disability discrimination lawyer. Dial (212) 295-5828 or submit an online form to get started.

The Emotional Toll of Workplace Disability Discrimination

Disability discrimination can have a serious emotional impact. People who face repeated discrimination can develop anxiety, depression, and lowered self-worth. These issues can affect job performance and personal life.

Support groups and local mental health professionals in New York offer resources for those managing emotional stress from work. In a city as diverse as New York, cultural background may influence a worker’s experience of discrimination, so having access to culturally sensitive care matters. Many New York employers provide Employee Assistance Programs (EAPs), which connect employees with confidential counseling and advice for coping with workplace issues. Using these resources helps people manage stress while they consider legal options.

Addressing the emotional toll requires strong support systems both inside and outside the workplace. Companies should create a culture where employees feel comfortable raising concerns. Speaking with a counselor can help, and so can consulting a supportive legal advocate who listens and guides you through the steps to resolve employment dispute challenges.

What Rights Do Employees With Disabilities Have?

Reasonable Accommodation

Reasonable accommodations let employees with disabilities do their job. By law, it is discrimination to deny a reasonable accommodation unless it causes significant hardship for the employer. What counts as hardship depends on the employer’s available resources.

In New York, employers must work cooperatively with employees who request accommodations cooperatively. This sets a higher bar than federal law and may include tools like screen readers, modified schedules, or accessible entrances. Living and working in New York City, where older buildings and busy streets can present challenges, local law often guides which accommodations are considered reasonable.

Examples include ergonomic workstations, interpreters, and flexible hours, so employees can stay productive. The best outcomes come from open conversations between employees and managers who understand their needs.

Confidentiality

The ADA protects an employee’s medical information and requires that employers keep documentation about medical conditions and treatments separate from personnel records. Employers cannot share details about an employee’s disability requests or accommodations. If a worker discloses information unrelated to a workplace injury, these federal protections sometimes do not apply. 

New York rules require employers to treat medical records with as much care as other sensitive information. Employees may ask how their data is stored or shared, and agencies can investigate privacy concerns. These requirements build trust, ensuring confidentiality when workers discuss medical or disability-related needs.

Employers may also need to share some information with supervisors or insurance companies if required for work duties or benefits processing. 

Maintaining confidentiality builds trust between workers and employers. Consistent policies and regular training help management meet privacy standards in every situation.

What Damages Could Be Recovered in a Disability Discrimination Case?

In a disability discrimination case, you may be awarded several types of damages in New York:

State law permits payments for "front pay"—covering a period of lost employment until a new role is found—if reinstatement is not possible. Courts look at the details of each case, including what kind of discrimination took place and how it affected long-term employment prospects. In addition to damages for individuals, some cases lead to organization-wide changes that benefit future workers. New York City courts or agencies may require new manager training or upgraded hiring processes to prevent future violations.

• Past lost wages
• Future lost wages
• Lost benefits
• Emotional distress
• Attorneys’ fees
• Punitive damages

Besides financial awards, you may also see policy changes in your workplace or even reinstatement to your job. Knowing your rights and remedies empowers you to pursue fair treatment. Speak with a disability discrimination lawyer near you at Brown Kwon & Lam.

Why Choose Us as Your Disability Discrimination Lawyer in New York?

At Brown Kwon & Lam, we stand up for the rights of those facing disability discrimination in the workplace. We commit to flexible communication and personal attention for every case. We work with determination to promote fair workplaces. Your first meeting is a free consultation, giving us a chance to learn about you and develop a tailored legal strategy for your needs. Trust us to be reliable partners in your pursuit of workplace fairness and equality.

Our local experience covers Manhattan and all boroughs, helping us navigate the city’s unique legal landscape. As a New York City law firm, we stay on top of the changing employment laws that affect local workers. We believe strong communication sets us apart, and we provide clear guidance at every stage so you always know what to expect.

When you choose us to represent you in a disability discrimination case, you can expect:

• Compassionate and personalized attention: We listen to your story and get to know the specific details of your situation. Our team builds strong relationships and supports you from start to finish.
• Extensive knowledge and experience: Our disability discrimination attorneys in New York understand both federal and state laws, including the Americans with Disabilities Act (ADA) and the New York City Human Rights Law. We keep up with legal changes to provide you with up-to-date advice and representation.
• Strategic and assertive advocacy: We care about holding employers responsible for discrimination. Our team creates a strategy based on your needs, using negotiation and legal procedures to pursue the results you deserve.
• Track record of positive outcomes: We have helped clients reach results in disability discrimination cases, obtaining settlements and verdicts to recover back pay, damages for emotional distress, and other compensation.

If you believe you have been treated unfairly at work because of a disability, do not wait to take action. Contact Brown Kwon & Lam to schedule a free consultation with a disability discrimination attorney in New York.

Contact Our Disability Discrimination Attorney in New York City, NY

Seeking justice for disability discrimination in NYC? Choose Brown Kwon & Lam, your trusted NYC disability discrimination lawyers. We're committed to defending your rights. Contact us today for a consultation. Your fight is our fight. Don't wait, let's stand together for justice!

For experienced guidance, turn to a skilled disability discrimination attorney in New York. Contact us or call (212) 295-5828 to secure a free consultation.

Frequently Asked Questions About Disability Discrimination in New York

How Does the New York State Human Rights Law Protect Employees?

The New York State Human Rights Law provides strong protection for employees facing disability discrimination. It requires employers to offer reasonable accommodations and defines this responsibility clearly. Employers must have a collaborative conversation with the employee to determine a suitable accommodation unless doing so would result in significant hardship. Notably, the law applies to businesses of any size, while the ADA only applies to those with 15 or more employees.

What Should I Do if I Suspect Disability Discrimination?

If you think you are experiencing disability discrimination, keep detailed records of every incident. Save emails and any written communication with your employer or HR department. Speak with a disability discrimination lawyer in New York, like the attorneys at Brown Kwon & Lam, to review your rights and plan how to proceed.

Are Employers in New York Required to Employ Individuals With Disabilities?

Employers in New York do not have to hire someone just because they have a disability. However, the law enforces equal-opportunity hiring and requires reasonable accommodations, meaning all candidates must be fairly considered and evaluated on their qualifications.

What Is Considered Unlawful Retaliation?

Unlawful retaliation happens when an employer punishes an employee for making a discrimination complaint or helping with an investigation. This includes demotion, firing, pay cuts, or any act intended to discourage complaints. If you face retaliation for exercising your rights, talk to a disability discrimination attorney in New York about your options. Contact Brown Kwon & Lam as soon as possible.

Can Employees Be Fired for Requesting Accommodation?

Employers cannot legally fire employees for asking for a reasonable accommodation for a disability. Terminating someone right after such a request is often considered retaliation and may violate the law. If this happens, contact a disability discrimination lawyer in New York at Brown Kwon & Lam to protect your rights and discuss your options.

Helpful Resources

• New York City Commission on Human Rights - Disability Discrimination
• U.S. Equal Employment Opportunity Commission (EEOC)

If you believe that you were a victim of disability discrimination or harassment, contact Brown Kwon & Lam to get started with our NYC disability discrimination lawyer.