Experienced Long Island ADA Defense Attorney Representing Employers in EEOC Complaints and Litigation
The Americans with Disability Act (ADA) requires covered employers to implement policies and procedures that are designed to prevent disability discrimination in the workplace. It also requires covered employers to provide reasonable accommodations to employees who need them. When employers fail to comply with the ADA—whether intentionally or inadvertently—they can face significant liability. In this scenario, engaging an experienced Long Island ADA defense attorney is the first step toward avoiding unnecessary consequences.
Our attorneys have extensive experience helping employers manage ADA compliance and defend against ADA-related complaints and litigation. We represent employers in disability discrimination-related matters at the state and local levels as well. Whether your company needs to implement an ADA compliance program or defend against allegations of disability discrimination, our team can provide the advice and insights you need.
Key Aspects of ADA Compliance for Long Island Employers
There are several aspects to ADA compliance for employers on Long Island. Importantly, while the federal ADA applies exclusively to employers with 15 or more employees, the New York State Human Rights Law (SHRL)—which provides similar protections—applies to all employers regardless of size.
With this in mind, all employers on Long Island need to ensure that they are giving due consideration to disability-related anti-discrimination compliance. Some of the key aspects of compliance in this area include:
Preventing Disability Discrimination in the Workplace
Employers on Long Island must take the necessary steps to prevent disability discrimination in the workplace. Forms of disability-related discrimination that are prohibited under federal and state law include:
- Discrimination in recruitment, screening, and hiring
- Discrimination in job and work location assignments
- Discrimination in compensation and benefits
- Discrimination in performance evaluations, pay raises, and promotions
- Discrimination in employment termination
To avoid these (and other) forms of discrimination, employers must adopt the necessary policies and procedures, and they must ensure that all personnel receive adequate training. A Long Island ADA defense attorney can provide custom-tailored policies, procedures, and training programs that reflect your company’s workforce, facilities, and other pertinent considerations.
Providing Reasonable Accommodations
The ADA and state and local anti-discrimination laws require employers to provide reasonable accommodations to employees who have disabilities that impact their ability to perform the essential functions of their job. Failure to provide a reasonable accommodation when required is considered a form of disability discrimination—and it can subject employers to the same risks as other forms of discrimination.
We help employers ensure that they have the protocols in place to process reasonable accommodation requests correctly. This includes protocols for accepting and reviewing requests, as well as protocols for determining when accommodations are required and determining what is “reasonable” in light of the specific circumstances at hand.
Responding to Allegations of ADA Non-Compliance
When facing allegations of ADA non-compliance, employers on Long Island must respond appropriately in order to mitigate their risk of facing formal legal action. While it won’t be possible to avoid formal legal action in all cases, taking a proactive approach can often significantly mitigate the risks involved.
We help employers ensure that they have appropriate protocols in place for responding to allegations of ADA non-compliance as well. This includes protocols for investigating employees’ allegations, documenting employers’ investigative efforts, and making informed decisions about how best to proceed based on the veracity of the allegations at issue.
Defending Against Alleged ADA Violations on Long Island
Along with helping employers on Long Island mitigate their risk of facing claims under the ADA (and comparable state and local laws), we also defend employers against disability discrimination claims when necessary. Each Long Island ADA defense attorney at our firm has extensive experience defending employers in these cases, and we rely on this experience to build and execute proactive and targeted defense strategies on behalf of our clients. Our ADA defense practice includes:
EEOC Complaints Filed Under the ADA
The U.S. Equal Employment Opportunity Commission (EEOC) handles discrimination complaints under the ADA. If one of your company’s employees has filed an ADA complaint with the EEOC, our attorneys can navigate the EEOC process on your company’s behalf while helping you make informed and strategic decisions every step of the way.
Disability Discrimination Complaints Filed Under State or Local Law
Employees on Long Island can also file disability discrimination complaints with the New York State Division of Human Rights or the New York City Commission on Human Rights. If your company is facing a disability discrimination complaint under state or local law, we can provide effective legal representation in this scenario as well.
ADA Mediation and Litigation
We also represent employers in mediation and litigation under the ADA and state and local anti-discrimination laws in New York. Mediation can be an effective means of resolution in many cases, while employers can use the litigation process to protect their legal and financial interests when necessary.
FAQs: ADA Compliance and Defense for Long Island Employers
Does a lack of discriminatory intent offer a viable defense in an ADA lawsuit?
Lack of discriminatory intent is not a complete defense to liability under the ADA. If an employer violates an employee’s rights, the employee can take legal action regardless of the employer’s intent.
What should companies do immediately after receiving an ADA demand letter or lawsuit?
If your company has received an ADA demand letter or complaint, you should engage experienced defense counsel promptly. We routinely represent employers in these cases, and we can provide representation on an emergency basis when necessary.
Can fixing an alleged ADA violation after the lawsuit is filed reduce my company’s liability or a potential settlement amount?
Fixing an alleged ADA violation after the fact will not undo any damage that has already been done, but it can help to mitigate the company’s liability exposure going forward. It is imperative that employers make informed decisions in this scenario, and we encourage you to contact us promptly if you need more information.
Schedule a Call with a Long Island ADA Defense Attorney Today
If you would like to speak with a Long Island ADA defense attorney at Bell Law Group, we invite you to contact us. Please call 516-280-3008 or contact us online to arrange a free and confidential consultation.
