Disability Discrimination Lawyers

Disability Discrimination Lawyers in Queens, NY

Disabled Doesn’t Mean Unable | Disability Discrimination Lawyers in Queens, NY

The perception that a person with a disability is somehow unable to do the same work as someone who is “able bodied” is incorrect. With the proper equipment and a reasonable accommodation, a disabled person can often perform the same work as anyone else. Frequently, companies choose not to hire disabled workers because they will have to make those accommodations, or if a person becomes disabled while working for an employer, that employer may choose not to cooperate in making the necessary adjustments for that individual to continue working. Seek advice from the Ricotta & Marks, P.C. disability discrimination lawyers in Queens.

If you or a loved one has experienced employment discrimination, you may be unsure of where to turn for assistance. Call (716) 301-2704 to schedule a free consultation with a Queens employment discrimination attorney.

Queens Employment Discrimination Attorneys

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Due to a termination letter I received I needed clarification, consultation, and advice on how to move forward. Ricotta & Marks has definitely been the best place to be to help me through the law jargon. Thank you for having my best interests in mind.

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Employers Cannot Require Medical Examinations or Ask Questions About a Disability

The ADA prohibits an employer from asking a potential employee whether she or he has a disability during the hiring process or requiring the potential employee to undergo any kind of medical screening to determine whether that person has a disability according to the ADA.

In situations where a job applicant may have a visible disability, the employer is prohibited from asking questions about the nature or severity of the disability. However, an employer can ask if a job applicant if she or he is able to perform job duties with or without a reasonable accommodation, and the employer can ask a job applicant to describe or show how she or he will perform the duties of the job, either with or without a reasonable accommodation.

Once a person has been hired, an employer cannot require that employee to undergo a medical examination or inquire about a disability unless it is specifically related to the job and is “necessary for the conduct of [the] employer’s business,” according to the U.S. Equal Employment Opportunity Commission (EEOC).

What is a Reasonable Accommodation Under the ADA?

The law requires that an employer make reasonable accommodation for any employee or job applicant with a disability. This can be as simple as rearranging the furniture to allow free movement of a wheelchair or as complicated as purchasing special equipment to facilitate doing the job correctly and efficiently.

Many companies don’t want to go to the trouble and expense of doing this. If you feel that you have been unfairly denied the ability to do your job, or if you have been passed over for employment because of your disability, you can fight for your rights, and we will help.

The EEOC provides guidance on reasonable accommodations in the workplace. According to the EEOC, a reasonable accommodation is “any change or adjustment to a job or work environment that permits a qualified applicant or employee with a disability to participate in the job application process, to perform the essential functions of a job, or to enjoy benefits and privileges of employment equal to those enjoyed by employees without disabilities.” Under federal and state law, an employer must make reasonable accommodations unless the employer is able to show that the accommodation would constitute an “undue hardship.” Typically, according to the EEOC, an undue hardship is defined as something that “would require significant difficulty or expense.”

Our attorneys will take the time to listen to your story and help you build a case if you have been discriminated against. We will file the paperwork with the Equal Employment Opportunity Commission (EEOC), negotiate with your employer and aggressively defend your right to right to accommodation for your disability.

Call our disability discrimination attorneys at (716) 301-2704 or send us an e-mail to schedule your free initial appointment.

Our Settlements & Verdicts

$15 MIL Plaintiff on Bianco v. Flushing Hospital Medical Center
$1 MIL Olsen, et al. v. The County of Nassau, et al.
$875K Wallace v. Suffolk County Police Department
$523K Penniston v. The New York City Department of Education (Co-Counsel)
Green v. City of New York 2010 U.S. Dist.
Norton v. Town of Islip UFSD, 011 U.S. Dist

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Disability Discrimination Lawyers in Queens, Long Island, Manhattan, Staten Island, Brooklyn, and The Bronx

Your company owes you at least a conversation about what reasonable accommodation can be made for your disability. There may be legitimate reasons for their refusal. If there are not, you have a very strong case against them. If you haven’t been granted this chance to be heard, we can help.

Disabilities aren’t just major physical complications. They can also be smaller things, like a skin or medical condition. Any negative actions taken against you by your employer because of a real or perceived disability are cause for action on your part. Because your job is so important to your livelihood, we want to help you protect the abilities you do have.

No employee should ever be subject to disability discrimination in the workplace. Our experienced disability discrimination lawyers in Queens and Long Island can help you to protect your rights. Contact Ricotta & Marks, P.C., at (716) 301-2704 to discuss how you have been discriminated against because of your disability or other employment discrimination matter.

WHEN YOUR JOB AND FUTURE ARE AT STAKE, WE DON'T BACK DOWN

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