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What is Disability Discrimination?

Federal law prohibits companies with more than 15 employees from discriminating on the basis of a job applicant's or an employee's disability or perceived disability (meaning the employer thinks the person has a disability, whether true or not). Under the Americans with Disabilities Act (ADA), so long as an applicant or employee is qualified and able to do a job, an employer may not use the applicant's or employee's disability as a basis to hire, fire, pay, give job assignments, promote, layoff, train, alter benefits, or any other condition of employment. The type of disability covered by ADA is one that restricts any major life activity. This includes hearing, seeing, speaking, walking, breathing, performing manual tasks, learning. New York State and New York City human rights laws prohibit disability discrimination by employers with more than 4 employees.

Employers must make reasonable accommodation for an employee's disability unless the employer can show that the accommodation would be too difficult for the business to handle or cost too much. (This is rarely the case.) Reasonable accommodations can include providing special equipment or devices or modifying equipment, devices, examinations, training materials, work schedules, job assignment, company policies, and even modifying the workplace to make it more accessible to disabled employees. An employer can refuse to hire a person with a disability if the employment of the applicant would pose a direct threat to the health or safety of the applicant or any other employee.

How do I know if I'm a victim of disability discrimination?

I think I'm a victim of disability discrimination

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