Disability discrimination occurs when an employer treats an applicant or employee with a disability (or those with a perceived disability or record of having a disability) differently from those who are not disabled. The Americans With Disabilities Act (ADA) is a federal law that prohibits employers with 15 or more employees from discriminating against qualified individuals with disabilities. An employee is a qualified individual if he or she can perform work duties with or without a reasonable accommodation.

What is a reasonable accommodation? A reasonable accommodation is any change in the work place that will help an applicant or employee carry out their duties or enjoy the benefits of that job.

The ADA requires an employer to provide a reasonable accommodation to employees with known mental or physical disabilities unless the employer can demonstrate doing so would be very difficult or expensive.

State and local laws, like the New York State Human Rights Law and the New York City Human Rights Law (NYCHRL), provide more expansive protection to employees with disabilities than federal law.

I have experience representing individuals who have been denied jobs, demoted, and fired because they are disabled or perceived as being disabled by their employer. I have also counseled and provided representation to employees negotiating with their employers to obtain a reasonable accommodation at work.