Disability Discrimination

Murtha Cullina LLP represents individuals who have suffered disability discrimination in employment, either because of an actual, perceived or record of disability.

Federal, state and local laws prohibit disability discrimination in the workplace. The federal Americans with Disabilities Act of 1990 (“ADA”) prohibits disability discrimination against “qualified individuals with a disability,” which is defined as an individual who, with or without reasonable accommodation, can perform the essential functions of the job in question, despite their disability.  Federal law defines a “disability” as a physical or mental impairment that substantially limits one or more major life activities; a record of such an impairment; or regarded as having such an impairment.  New York State and City laws prohibiting disability discrimination provide a much broader definition of disability than the federal ADA. 

In addition to prohibiting discrimination in connection with job applications, hiring, firing, advancement, compensation, and other terms, conditions and privileges of employment, the ADA, state and local laws require that employers provide a “reasonable accommodation” to employees who require such in order to perform the essential functions of their jobs.

We vigorously litigate claims in which an employer attempts to retaliate against an individual for exercising their rights under the anti-discrimination laws.  Indeed, it is unlawful to retaliate against an individual for opposing employment practices that the individual in good faith believes are discriminatory on the basis of disability or for making a reasonable accommodation request.  In addition, an employer may not retaliate against an individual for filing a discrimination charge, testifying, or participating in any way in an investigation, proceeding, or litigation involving disability discrimination.

For more information regarding federal law prohibiting disability discrimination, please visit our Articles & FAQs page.  If you would like to consult with us or have questions concerning your particular situation, please contact us.