New York Attorneys Help Disabled Employees Uphold Their Rights Under the Americans with Disabilities Act

Reasonable accommodations guaranteed through the ADA

Since the Americans with Disabilities Act (ADA) became law in 1990, employers are required to provide reasonable accommodations for employees with physical or mental disabilities. While many organizations adhere to the guidelines set forth under the ADA, some are unaware of these requirements. Others skirt the requirements intentionally to avoid the costs of accommodations.

The New York employment law attorneys at Hepworth, Gershbaum & Roth, PLLC represent disabled employees who have been denied reasonable accommodations in the workplace. Our knowledge of the ADA and experience handling disability discrimination cases allows us to provide the real-world advice you need to understand your legal rights and options for holding your employer to the standards set forth by the federal government.

What does the ADA require of employers?

According to the ADA, employers with more than 15 employees must:

• Ensure all applicants to open positions are considered equally regardless of disability

• Ensure all facilities owned by the organization are easily accessible

• Make reasonable efforts to restructure the duties of a job if necessary

• Provide flexibility in work schedules

• Provide company-paid readers or interpreters

The ADA protects discrimination against individuals with physical or mental disabilities, and prohibits employers from asking employees or job candidates if they have a disability. It is important to note, however, that you must inform your employer or potential employer of your need for reasonable accommodations to perform the functions of the job in question.

What do I do if I have been denied reasonable accommodations?

Employees who have been denied reasonable accommodations by an employer, or have been denied employment due to their need for reasonable accommodations, should file a complaint with the US Equal Employment Opportunity Commission. The EEOC handles all cases involving discrimination in the workplace – in many cases, a denial of reasonable accommodations is considered discrimination.

To file a complaint with the EEOC, you must provide specific information regarding the situation, including:

• Your contact information, including name, address and phone number

• The identifying information of the company or individual you believe discriminated against you

• The details of the discrimination, including how you were discriminated against, when the discrimination occurred and more

• The names of any individuals you feel took part in the discrimination

• Any information that supports your complaint

All discrimination claims must be filed within 180 days of the offense, making it important to act quickly and begin gathering information from the moment you feel discriminated against.

Do I need a lawyer to file a complaint?

While it is not legally required to retain an attorney when filing a complaint, the guidance of our experienced New York employment lawyers can make the process much easier to handle. In an effort to streamline the claim process, our attorneys:

• Provide advice on the process of filing your claim

• Assist in the gathering of information

• Complete and file all necessary documentation

• Respond to any inquiries from the EEOC

By retaining our New York employment law attorneys, you increase the chances of proving your claim and recovering damages for your mistreatment.

Contact our firm today to schedule a free consultation with one of our New York employment law attorneys regarding your ADA complaint

At Hepworth, Gershbaum & Roth, PLLC, our New York employment lawyers are committed to protecting the rights of disabled employees. By working closely with you to identify viable legal strategies, we ensure that your voice is heard. To schedule a free consultation to discuss your unique concerns with one of our New York employment law attorneys, contact us online or call 212-545-1199.