New York’s Most Trusted Disability Discrimination Attorneys
Are you an individual with a disability who’s fallen victim to discrimination? Perhaps you have been denied employment, fired, or demoted without justifiable cause or are constantly denied essential services and privileges accorded to other people.
If yes, you have a case against the perpetrators of the action.
Even though the facts may be on your side as a victim, it would be best to seek formidable representation before instigating charges. Thankfully, this is what the disability discrimination lawyers in NYC at The Howley Law Firm aim to offer clients.
Our robust team of disability discrimination attorneys will listen to your story, determine if you have a case, and take you through each step of the court process until you win compensation.
When you contact us, rest assured everything will move smoothly.
What is Disability Discrimination?
It is not always easy to notice what amounts to disability discrimination. In some instances, you may be discriminated against so discretely that even you don’t realize it. However, once you know the basic principles, it’s pretty easy to decipher discriminatory acts.
Generally, disability discrimination occurs when a disabled individual is maltreated or put in a disadvantageous position due to their disability. Therefore, if you are mistreated because of your disability or aren’t given the same privileges granted to people in a similar situation, you are a victim of disability discrimination.
This often happens in work environments where employers and supervisors deny disabled workers opportunities, terminate their employment, or fail to grant them reasonable accommodation to disabled workers.
According to federal and state laws, disability discrimination is an unlawful practice. Anti-discrimination laws guarantee equal rights and opportunities for persons with disabilities in all sectors of life. Going against these laws without justifiable reasons risks getting sued and paying hefty damages.
What Counts as a Disability?
To instigate disability discrimination charges against alleged actors, you need to fit the description of a disabled person. But what exactly legally counts as a disability?
The State of New York has one of the most comprehensive anti-discrimination laws in the country, with a broad definition of disabilities to protect all specs of persons with disabilities. According to state laws, a disability entails any physical, psychological, or mental condition that substantially impedes an individual’s ability to conduct normal daily activities such as sitting in a chair or operating basic machines.
This includes people living with the disability and those with the condition before. So, if you have past disabilities, New York State laws protect you from discrimination even if you no longer suffer from the condition.
Similarly, certain medical conditions such as cancer and HIV are classified as a disability by law. Therefore, you enjoy protection from disability discriminatory practices as soon as you are diagnosed with such conditions.
Types of Disability Discrimination
Although disability discrimination generally entails practices that disadvantage persons with disabilities, various forms describe specific situations.
As the name suggests, this involves discriminatory actions purposely meant to give disabled people different detrimental treatment. The acts are inflicted on the person without involving a third party or instrument.
For instance, if your colleagues are given a break at work while you are forced to continue working, you have been directly discriminated against.
Indirect discrimination isn’t about actions but is more associated with policies put in place. It refers to situations where all persons are treated equally, but it disadvantages persons with disability in a certain way.
Failing to Make Adjustments
Employers and establishments are legally obliged to make reasonable adjustments to accommodate persons with disabilities. These are basic actions, such as ensuring your building has a ramp to give access to people with walking disabilities. Failure to make such necessary changes amounts to unlawful discrimination.
Discrimination Arising From a Disability
The law expects all persons to be treated equally since we are all equal before the law. Therefore, if people are treated unfavorably due to an existing disability, the actors are liable for a discrimination suit.
Victimization occurs when persons with disabilities are poorly treated after raising the alarm about discriminatory practices. Persons with disability have a right to complain and protest against discriminatory practices without being taunted.
Management bodies are expected to act positively on the recommendation if they are reasonable and positively impact persons with disabilities.
Like everyone else, persons with disabilities deserve to thrive in environments free from hostilities. Making offensive remarks, comments, and jokes based on a disabled person amounts to harassment. When this is done frequently, it amounts to a discriminatory practice.
Remedies Available for Disability Discrimination
Victims of disability discrimination are usually disadvantaged in one way or another. They may lose an opportunity to make financial strides or lose their source of livelihood. Consequently, various remedies can get victims on their feet after the painful experience.
In some cases, disability discrimination may cost you your job or that promotion you’ve been anticipating for a while. If decisions to fire you from your job or deny you a deserved promotion are not based on merit but on your disability, affirmative reliefs are an available remedy.
Reinstatement is one of the affirmative actions victims of disability discrimination can apply for when their employment is terminated or if they are demoted. The remedy allows them to get their jobs back or the promotion they deserve with better working conditions. It is meant to restore the employee to their position before the discriminatory practice.
An injunction is usually issued to an applicant to stop certain practices that infringe on their rights. If you are disadvantaged by specific policies due to disabilities, you can apply for an injunction to stop the exercises and nullify the policies. This remedy can be issued even as the case proceeds before a verdict is made.
Compensatory and Punitive Damages
Damages are monetary awards meant to compensate you for any loss you may have suffered from the party at fault. Compensatory damages are intended to help recover financial losses and cushion you for the pain and suffering caused by discriminatory practices.
On the other hand, punitive damages are meant to punish the at-fault party where their discriminatory conduct is deliberate. You have to prove the perpetrator knew their actions were wrong but continued practicing them anyway.
You can also receive compensation from recovering attorney fees and any other expenses you may incur.
How Our Attorneys at The Howley Law Firm Can Help
From the first time you contact us, we are committed to providing you with the best representation to help you get a deserved outcome. Once you explain your story to a disability discrimination lawyer in NYC, they determine whether you have a merited case. If so, their work in helping you get justice begins.
First, your lawyer will inform the discriminator of the case and try to negotiate an amicable solution on your behalf with your stated terms. Usually, these negotiations are through mediation, where a neutral third party presides over the matter.
If the negotiations fail and your demands are not met, your disability discrimination lawyer will help you file a case against the perpetrator and associated parties who may be culpable. You can only make positive strides in your case when you serve the right people.
Similarly, the lawyers will take you through the complex court processes, and with their knowledge and expertise in the field, they will argue the law in your favor to ensure a favorable outcome. Your case is safe with our able attorneys.
Call a Disability Discrimination Lawyer in NYC Today
Disability discrimination is a heinous act that we must fight at all costs. With formidable experience in the field, our disability discrimination lawyers in NYC at The Howley Law Firm can offer you the exact quality representation of large corporations and secure your freedom from discrimination.
The remedies for disability discrimination may include injunctions, compensatory damages, punitive damages, attorney fees, and other expenses. Injunctions can be used to stop certain practices that infringe on rights. Compensatory damages are awarded to compensate for any losses suffered by the party at fault. Punitive damages are meant to punish the perpetrator for deliberate discrimination. Attorney fees and other expenses may also be recovered.
Winning a disability discrimination case can be difficult but with the help of an experienced disability discrimination lawyer, it is possible. The first step in winning a case is to determine if you have been discriminated against. You need to be able to prove that you were treated differently based on your disability and that the treatment constituted discriminatory behavior.
Once you have proven that discrimination occurred, the next step is to build a strong case by gathering evidence such as witness statements, documentation of the incident(s), and any other relevant information. With this evidence, your lawyer will be able to make a compelling argument on your behalf and help you get a favorable outcome.