In America, everyone is entitled to a workplace free of discrimination that meets legal and personal needs. People with disabilities can often feel left out, uncared for, or even discriminated against in the workplace.
In order to avoid this, New York has implemented several policies that protect the workers’ rights of these individuals and punish businesses for unlawful practices. In this article, we’ll discuss these policies as well as what reasonable accommodations must be provided to disabled people.
If you feel you have faced workplace discrimination due to your protected disability, call Gash & Associates, P.C. today.
The Rights of Disabled Employees
Employees with disabilities are protected by law. This means they have certain rights at their workplace. The most important laws are the Americans with Disabilities Act (ADA) and the New York State Human Rights Law. These laws say that employers can’t treat disabled employees unfairly. They also say that employers must provide what’s called “reasonable accommodations.”
“Reasonable Accommodations” are changes or help provided by the employer to make sure disabled employees can do their jobs. This might include special equipment, changes in work schedules, or any other adjustments the person might need.
Employer’s Duty to Provide Accommodations
Employers have a duty to provide these accommodations unless it causes them significant difficulty or expense, known as “undue hardship.” When an employee with a disability requests an accommodation, the employer should consider it carefully. They must have a good reason to refuse it. Refusing a valid request for assistance equipment can be viewed as discriminatory behavior.
Facing Discrimination in Westchester
In Westchester County, if an employee with a disability feels they are being treated unfairly or not given the accommodations they need, this can be considered discrimination. Discrimination can include things like being refused a job, being fired, or not getting the same opportunities as other employees because of their disability.
The New York State Human Rights Law prevents job discrimination based on many characteristics. These include race, color, national origin, sex, sexual orientation, gender identity, pregnancy, religion, disability, age, genetic characteristics, marital status, familial status, political activities, military status, use of service dog, prior arrests, prior convictions, and status as a domestic violence victim. This law ensures that people are treated fairly at work, regardless of these aspects of their identities.
Legal Assistance and Asserting Your Rights
When facing discrimination, getting legal help is important. At Gash & Associates, we can help you understand your rights and guide you through the process of making a claim. We can help you understand the law and your rights, file a complaint with the right agency, and represent you in court if necessary. Working with a firm experienced in disability discrimination can make a big difference in getting fair treatment and the necessary accommodations.
Remember, disabled employees in Westchester County have legal rights to fair treatment and reasonable accommodations. Employers must follow these laws. If an employee faces discrimination, seeking legal assistance is a crucial step in defending their rights. Call Gash & Associates today at (914) 328-8800. We are equipped to offer guidance and support throughout this process.