The Americans with Disabilities Act (ADA) is the main federal statute that protects employees and job applicants against disability-based discrimination. If you have experienced discrimination based on your disability—including denial of a reasonable accommodation—you may be entitled to various legal and/or equitable remedies.
But, filing an ADA claim also may not be your only option. Other laws protect disabled workers in New York as well—including in circumstances in which the ADA does not apply. In any case, you should not hesitate to take legal action, and an experienced New York disability discrimination attorney should be able to help you make an informed decision about how best to proceed.
Understanding Employees’ and Job Applicants’ Rights Under the Americans with Disabilities Act (ADA)
What do employees and job applicants need to know about the ADA? Here are five key facts about how and when this important federal law applies:
1. The ADA Prohibits Disability Discrimination in All Phases of the Employment Relationship
Similar to other federal and state anti-discrimination laws, the ADA prohibits discrimination in all phases of the employment relationship. This means that employers covered under the ADA are generally prohibited from making disability-based employment decisions regarding:
- Job listings and descriptions
- Job screening, interviewing, and hiring
- Assignment and reassignment of job duties or work locations
- Pay raises and promotions
- Termination of employment
As a result, job applicants, current employees, and former employees can all potentially file claims under the ADA. With that said, strict timelines apply in all cases, so it is important to consult with a lawyer as soon as possible if you believe that you may have a claim for disability-based discrimination.
2. The ADA Requires Employers to Provide Reasonable Accommodations Upon Request
Along with prohibiting employers from making discriminatory disability-based employment decisions, the ADA also requires employers to provide reasonable accommodations to employees who request them. Reasonable accommodations can take many different forms—including (but not limited to):
- Improving workplace accessibility
- Job restructuring
- Reassignment
- Revised work schedules or job duties
- Specialized equipment or devices
Both job applicants and current employees have the right to request reasonable accommodations under the ADA. When an eligible job applicant or employee requests a reasonable accommodation, the employer must generally provide the requested accommodation (or an alternate reasonable accommodation) unless doing so would create an “undue hardship” for the employer.
3. The ADA Applies to Employers with 15 or More Employees (Full-Time, Part-Time, and Seasonal)
Notably, while the ADA provides strong protections, it only applies to employers that have 15 or more employees. This includes full-time, part-time, and seasonal workers—and, as a result, it isn’t always easy to tell whether the ADA applies. If you are unsure whether your employer (or prospective or former employer) is covered under the ADA, an experienced disability discrimination attorney should be able to assist with determining if you are eligible to request a reasonable accommodation or file a complaint.
4. Employees and Job Applicants Can (and Generally Must) File ADA Complaints with the EEOC
If you have a complaint under the ADA, taking legal action will most likely involve filing a “Charge of Discrimination” with the U.S. Equal Employment Opportunity Commission (EEOC). While the EEOC’s complaint process is designed to ensure that employees and job applicants can assert their legal rights when necessary, individuals who have ADA claims must meet various substantive and procedural filing requirements.
With this in mind, while not legally required, hiring an experienced disability discrimination attorney to represent you is strongly recommended. Additionally, if you are not able to achieve a satisfactory outcome through the EEOC’s complaint process, you may need to assert your legal rights in federal court.
5. Employees and Job Applicants Who Have ADA Complaints May Be Entitled to Various Remedies
Employees and job applicants who have complaints under the ADA may be entitled to various remedies. Depending on the circumstances involved in a particular case, some examples of potential remedies include:
- Reinstatement (in the event of termination or demotion)
- Placement (in the event of denial of a job opportunity)
- A reasonable accommodation (in the event of denial of a reasonable accommodation upon request)
- Reassignment (if no other reasonable accommodations are viable)
- Back pay with interest (in various circumstances)
When you hire an experienced attorney to represent you, your attorney can assist you with deciding which remedy (or remedies) you want to seek. If you are entitled to back pay or other financial compensation, your attorney can assist you with calculating the value of your claim as well.
Filing an ADA Claim May Not Be Your Only Option
While the ADA is the main federal statute that protects employees and job applicants against disability-based discrimination, it isn’t the only statute that protects disabled workers in New York. For example, the Rehabilitation Act extends the ADA’s protections to federal employees, and the New York State Human Rights Law (SHRL) provides disability-related protections to private-sector employees and job applicants in the state.
Importantly, the New York SHRL applies to all employers in the state regardless of size. As a result, even if you aren’t protected under the ADA, you may still be eligible to file a disability discrimination or reasonable accommodation claim under the New York SHRL. If you have a claim under the New York SHRL, you can file a complaint with the state’s Division of Human Rights, or, in this scenario, you also have the option of taking your complaint directly to state court.
Learn More from a New York Disability Discrimination Attorney at Bell Law Group
At Bell Law Group, we provide experienced legal representation for job applicants and employees who need to assert their legal rights under the ADA and other state and federal anti-discrimination laws. If you have questions about your legal rights, we invite you to get in touch. To speak with a New York disability discrimination attorney at Bell Law Group in confidence, please call 516-280-3008 or tell us how we can get in touch online today.
