Why Choose Fearless Justice?
Fearless Justice LLC represents employees across Westchester County who were denied accommodations, demoted, or terminated because of a disability or medical condition. Our background representing employers gives us insight into how disability claims are evaluated and defended. We use that knowledge to build strong, strategic cases for employees.
- Former defense-side attorneys who understand employer tactics
- Deep knowledge of New York and federal disability laws
- Clear communication without unnecessary legal jargon
- Regular updates and responsive client service
- Strategic advocacy from consultation through resolution
- Focused representation for employees only
Fearless Justice LLC serves employees in White Plains, Yonkers, New Rochelle, Mount Vernon, Purchase, and throughout the greater New York metro area. If your employer refused to accommodate your disability or failed to engage in a required dialogue, you may have a claim under state, city, or federal law.
New York law requires all employers, regardless of size, to provide reasonable accommodations and to engage in a cooperative dialogue to identify workable solutions. Below, we explain what qualifies as disability discrimination, what accommodations employers must provide, and how the legal process works.
What Is Disability Discrimination Under New York Law?
Disability discrimination occurs when an employer treats an employee or applicant unfavorably because of a physical, mental, or medical impairment. In New York, the definition of disability is broader than federal law and applies to employers of any size.
Under the New York State Human Rights Law, a disability includes any physical, mental, or medical impairment that prevents the exercise of a normal bodily function or is demonstrable by medically accepted techniques. The law also protects:
- Individuals with a history of disability, such as past cancer
- Individuals perceived as having a disability
- Employees requesting reasonable accommodations
Common examples of disability discrimination include:
- Refusing to hire a qualified applicant because of a medical condition
- Terminating an employee after disclosure of a diagnosis
- Denying promotions due to health limitations
- Creating or tolerating disability-based harassment
- Failing to engage in a required cooperative dialogue
New York’s broad protections often cover conditions that may not qualify under the federal ADA.s.
What Are Reasonable Accommodations?
Reasonable accommodations are modifications that allow a qualified employee with a disability to perform the essential functions of their job. Employers must provide accommodations unless doing so would create an undue hardship.
Under the Americans with Disabilities Act of 1990 and New York law, examples of accommodations may include:
- Modified work schedules or flexible hours
- Remote work when appropriate
- Physical changes to the workspace
- Assistive technology or equipment
- Extended medical leave beyond statutory minimums
- Reassignment to a vacant position
- Adjustments to nonessential job duties
Many accommodations cost little or nothing. Employers bear the burden of proving undue hardship, which requires showing significant difficulty or expense in relation to the company’s size and resources.
How Do I File a Disability Discrimination Claim in New York?
The process depends on whether you pursue federal, state, or city claims. Each route has different procedures and deadlines.
- Case Evaluation
An attorney reviews your timeline, medical documentation, communications, and termination or denial details. - Administrative Filing if Required
Federal ADA claims usually begin with filing a Charge of Discrimination with the Equal Employment Opportunity Commission. - Investigation or Mediation
The agency may request documents, interview witnesses, or offer mediation. - Right to Sue or Direct Court Filing
After receiving a Notice of Right to Sue, or when proceeding under state law, you may file in court. - Litigation or Settlement
Many cases resolve through negotiated settlement, while others proceed to hearing or trial.
For state claims, employees may file with the New York State Division of Human Rights or proceed directly in court.
What Compensation Is Available in Disability Discrimination Cases?
Employees who prove disability discrimination may recover financial and non-financial remedies.
Available remedies may include:
- Back pay for lost wages and benefits
- Front pay if reinstatement is not practical
- Compensation for emotional distress
- Punitive damages in certain cases
- Attorney fees and litigation costs
Courts may also order:
- Reinstatement
- Policy changes
- Removal of disciplinary records
- Required accommodation implementation
Each case depends on the specific facts and applicable law.
Talk to a Westchester County Disability Discrimination Lawyer
If you have been denied accommodations or believe your employer discriminated against you because of a disability, we can help you evaluate your options. Contact Fearless Justice LLC for a consultation. We will listen to what happened, tell you honestly whether you have a case, and explain what pursuing it would involve.
Frequently Asked Questions
Does my employer have to accommodate my disability even if they are a small business?
Under New York law, yes. The New York State Human Rights Law requires employers of all sizes to provide reasonable accommodations for employees with disabilities. While the federal ADA applies only to employers with 15 or more employees, New York’s broader protections mean that small business employees still have the right to accommodations and recourse when denied.
What if my employer claims they cannot afford the accommodation I need?
Cost alone does not automatically excuse an employer from providing accommodations. Employers must demonstrate undue hardship, meaning a significant difficulty or expense considering the employer’s size, financial resources, and the nature of its operations. Many accommodations cost little or nothing, and employers must explore alternatives before claiming hardship. We help clients challenge denials that are not supported by genuine business necessity.
Can I be fired for taking medical leave related to my disability?
Terminating an employee for taking medical leave related to a disability may violate multiple laws, including disability discrimination protections under the ADA, New York State Human Rights Law, as well as leave protection statutes like the Family and Medical Leave Act (FMLA). If you were fired during or shortly after taking disability-related leave, you may have claims under several different laws. An employment attorney can evaluate the specific circumstances of your termination.