DISABILITY DISCRIMINATION IN THE WORKPLACE LAWYER NY
We’ve helped employees just like you recover millions in damages. We can help you too!
We’ve helped employees just like you recover millions in damages. We can help you too!
Do you think that you might have been a victim of disability discrimination? El-Hag & Associates, P.C can help you. We are Westchester New York employment disability lawyers and labor lawyers. We have recovered hundreds of thousands of dollars for victims of workplace disability discrimination. We have brought disability discrimination lawsuits against small businesses and major multinational corporations and have achieved excellent results for our clients.
If you think you might be a victim of workplace disability discrimination, please call us today for a free consultation. We can quickly assess your case and let you know the options available to you. In most cases, it is very difficult to prove disability discrimination because there is no “smoking gun”, which is why it is best to schedule a consultation with our employment and labor law firm and go through the facts.
WHAT IS WORKPLACE DISABILITY DISCRIMINATION
The Americans with Disabilities Act defines disability discrimination in New York State law. Disability discrimination happens when a qualified individual employee with a disability is treated unfavorably by their employer because of their disability. Disability discrimination is illegal when it comes to the hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment regarding a worker with a disability (perceived or actual).
Disability discrimination also arises when an employer treats an employee or job applicant unfavorably because the person has a psychological disability or mental impairment that is expected to occur for a period of six months or less and minor psychological issues (even if the individual does not have such an impairment. Medical disabilities such as cancer, whether it’s in remission or under treatment and control.
The law also provides that even if the employee themselves does not have a disability, they are still protected from disability discrimination based on their relationship with a person that has a physical or mental disability. For example, it is unlawful to discriminate against an employee because their child or husband has cancer or other disability.
Employers are required to provide reasonable accommodations to job applicants and employees with disabilities except when implementing the accommodation would cause significant difficulty or expense for the employer (“undue hardship”). Disability discrimination is based upon specific factual details defined in the law. If you think that you may have a disability discrimination claim, contact El-Hag & Associates for a free consultation.
Examples Of Disability Discrimination In The Workplace
Failing to provide reasonable accommodation to an employee who requires the accommodation to perform the essential functions of their job.
Denial of medical leave for depression or other psychological illness, while employees with physical illness are granted such leave
Failure to provide accommodating restroom facilities or handrails despite requests and as required by the Averican with Disabilities Act (ADA)
Harassment such as intimidating comments, gestures, and jokes harassing or intimidating the employee with the disability
The individual with the disability receives Unequal pay compared to employees this work performance is at the same level
denying promotion or hiring of an individual because of their disability
Refusal refusing to consider hiring an employee based upon actual or perceived disability.
Denying Doctor appointment break times to the disabled individual
What Is Not Disability Discrimination or Harassment
At El-Hag & Associates, P.C we receive calls every day from people with disabilities who believe that they have been discriminated against because they feel that they lost their job for unfair reasons, or because the workplace is not fair. This is not disability harassment or disability discrimination by itself. To learn if the treatment on your job is due to fairness in the workplace contact the employment and labor law firm of El-Hag & Associates.
It is not harassment when people in the workplace make petty slights, are generally annoying, or make isolated discriminatory or derogatory remarks (unless extremely serious) about your disability. To be unlawful, the conduct must create a work environment that would be intimidating, hostile, or offensive to reasonable people
Disability Discrimination. Disability Discrimination must occur because of your being part of a protected class. For example, an employer can decide that he will fire any person if they come 1 minute late to work, even if it happened only 1 time. But it would be discriminatory if the employer said that he is only going to apply that policy to employees with disabilities.
Our NY Disability Discrimination Law Firm Will Fight To Get Your Money
If You Believe Your Employer Has Discriminated Against Because of a Disability We Can Help You Recover What Is Rightfully Yours
How Do You Win An Employment Disability Discrimination Lawsuit?
There are several factors that you must prove to win an employment Disability discrimination lawsuit. If you can answer yes to the following questions, you may have been a victim of employment discrimination:
1) Do you work at a company with 4 or more employees? The New York State Human Rights Law only protects employees who work for an employer with 4 or more employees. Federal Law requires that the employer employ more than 15 employees. So, the first thing to check is if you are protected by the law.
2) Did something bad happen to you at work? This is known as an “adverse employment action”. You must be able to show that something bad happened to you at work. Examples of adverse employment actions include:
Being fired
Being laid off
Not receiving a raise
Being demoted
Being passed over for a promotion
Being harassed at work
3) Are you a member of a protected class? To prove employment discrimination, you must show that you are a member of a “protected class”, for example you have a qualified disability that doesn't affect job performance
4) Were you qualified to perform the job at issue? You must be able to demonstrate that you had the right skill set to perform the job at issue despite your disability.
- An example of being unqualified- is if you apply for a job as a lawyer, but you don’t have a law degree, you won’t be able to say that you were discriminated against if a law firm did not hire you.
- An example of being qualified and passed over in a discriminatory situation would be if you had the same or greater abilities then others wo applied for a job position. Both you and the person without a disability had equal experience working in the position you were applying for. If the other individual was hired but you were not, the company will have to be able to provide a legitimate reason that you, as a qualified individual was passed over for the job.
5) Does it seem likely that the disability discrimination occurred because you are a member of a protected class? This means that there is some evidence that shows that something bad happened to you at work BECAUSE of your disability. There must be a believable cause-and-effect relationship between your being disabled and the negative job action. For example:
- You were fired BECAUSE you have a DISABILITY
- You didn’t get a raise BECAUSE you have a DISABILITY
- You were fired BECAUSE you were DISABLED
6) Is your employer’s reason for taking the adverse action a lie (“Pretext”)? Your employer can take any negative action in the workplace as long as there is a legitimate reason for it, and it is not retaliatory. In almost 100% of the disability discrimination cases, your boss is going to have an excuse that explains why you were treated badly. It is your responsibility to demonstrate that your boss’s excuse is not true, and that the real reason is disability discrimination. For example, if you are disabled and your employer fired you because you performed your job poorly or had a bad attitude, your boss can terminate you. But if every person acts the same way and performs the job the same way as you, then your employer’s excuse that you performed poorly is most likely a lie.
Case Results and Testimonials
Case Results & Testimonials
NO FEE UNLESS WE WIN YOUR CASE!
Free No-Commitment Consultations relating to your workplace disability discrimination matter
We do not charge a fee to investigate your Disability Discrimination at the workplace case
Labor & Employment Lawyers with Results, Resources & Experience
Our Free Disability Discrimination and harassment Consultations are Confidential and Private.
El-Hag & Associates is a highly Experienced & Successful Labor and Unemployment Law Firm in NY.
How We Help You Get the Compensation That You Deserve For Your Workplace Disability Discrimination Case In Just 4-9 Months
Schedule
10-minute initial free wage evaluation. We give you the game plan that you can follow even if you do not want to work with us. Just fill out the form to start.
Detailed Consult
Demand Letter
Lawsuit
We file the lawsuit, we spend the money, you only have to be involved for a few hours over the course of the lawsuit. 90% of the time, we manage to settle the case, you get paid.
Finalize
Finish the lawsuit, you sign some papers and get your check.
Don't Let Your Employer Intimidate You From Being Compensated For The Disability Discrimination in the Workplace That You Were Subjected To By Threatening Or Scaring You Into Inaction
You can sue any company you worked for in the past three years. It does not have to be a company at which you are currently working.
The law protects you. The law prevents retaliation. You can collect unpaid wages and benefits, and penalties, demand your job back, and even demand front pay (money to cover you for the time it would take to find new work.
Attorney-Client Privilege- We CANNOT tell anyone about your case unless you ask us to. Your call is 100% confidential and protected by the attorney-client privilege.
Attack only when you’re comfortable. We only move forward when you are ready. There is no pressure to start. You can have your workplace disability discrimination evaluation, come up with a strategy, collect evidence, and begin when you are ready.
Why You Should Not Wait To Take Action Against Your Employer For Disability Discrimination in the Workplace
The Company can go out of business.
You can run out of time to bring a lawsuit if you haven't already
The company can be sold or transferred
Someone else could sue and complicate your chance of collecting your wages
The company could file for bankruptcy
The owner could die
Client VideoTestimonials
Justina Peets
Jordan and his staff was so professional, and on top of my case, they updated me throughout the process the whole way through! If i ever need a lawyer again i will be calling Jordan without a second thought.
Matthew Zekanovic
Jordan and his team are the best at what they do. His professionalism is nothing but superior and made the whole process easy and stress free. There wasn't a single objective that he couldn't overcome. Jordan was nothing but honest, transparent, and easy to work with. Never at one point did I feel he wasn't trustworthy. He guided me in the right direction to achieve the best possible outcome, and succeeded. I wouldn't recommend anyone else but El-Hag & Associates!
Paul
I hired Jordan to take a look at a recent employment agreement. Unlike other lawyers, it was a pleasure communicating with him. We had an initial phone call and within 2 hours he read the documents, attached notes to specific parts of it and was able to break it down for me in plain English. He has been available for follow up questions without demanding additional pay - which I appreciate. I work in the psychiatry field and have a very good sense for people and their trustworthiness. I will definitely be coming back to Jordan for any future legal advice associated with my business. I also plan to recommend him to colleagues, friends and family. A+ experience!
Jeffrey Medina
Very responsive and knowledgeable. Great guy who is willing to help no matter how big or small the issue or question.
Kinney Glass
I was discouraged by other firms who told me it wasn’t worth effort. After the first time speaking with Jordan El-Hag I decided to place my faith in him. He was patient and meticulous. Always keeping me up to date with the case. When curveballs would come my way the team would reassure me not to worry. I will recommend everyone I know to El Hag and Associates.
Why clients prefer El-Hag Law
Company lied by saying employees should not be paid for travel time because they only used the construction headquarters for commuting.
Approach
Hired a private detective to video tape the construction yard in the mornings to show that the workday began when employees arrived to work.
Result
We secured for our client one of the largest single-person wage recoveries that the Judge had seen in his career!
Company tried to not pay our client who worked in an office overtime by claiming she was an exempt administrative employee and sales person.
Approach
We got the business owner to lie under oath, and then showed the court the evidence of our client working at the restaurant. Subjecting the company owner to perjury charges.
Result
Our client secured $35,000 and was able to start a restaurant of his own with his family using the settlement money.
Company tried to not pay our client who worked in an office overtime by claiming she was an exempt administrative employee and sales person.
Approach
We threatened to bring a class action lawsuit against the company because they misclassified all the workers in the same position, and we were able to negotiate a premium settlement for our client.
Result
We secured our client $50,000 and she landed a new job the next week. She was able to buy a new car for commuting and put money into her retirement savings account.
“El-Hag helped me recover $100,000 in unpaid overtime because the time spent traveling was not paid”
Awareness is the first step to stopping disability discrimination. If any of the disability work violations applies to you, then you should call El-Hag & Associates, P.C today. The most important thing is to keep track of the disability discrimination and harassment you were subjected to at work. Do not rely on your employer or others to do that for you.
In Westchester New York, many working men and women living in Yonkers, Mount Vernon and New Rochelle are victims of disability discrimination. That is why El-Hag & Associates, P.C is a Westchester unpaid wage and unpaid overtime law firm, focusing on employment law in Westchester New York. If you find that you have been discriminated against at work, contact El-Hag & Associates, P.C today and we can help you get the compensation that you deserve. Make sure you protect your rights and your livelihood.