Aggressively Fighting Disability Discrimination in the NYC Metro: (516) 447-3148
Every free person in our society is entitled to seek employment and be fairly compensated for their work. While this may seem like an obvious acknowledgment, there are many employees forced to tackle discrimination in their pursuit of gainful employment. Many employers are guilty of limiting the opportunities of individuals with disabilities in New York City and nearby communities. At Bashian & Papantoniou, P.C., our ADA litigation attorneys are dedicated to fighting companies guilty of unlawfully limiting the opportunities afforded to individuals with disabilities. If you’ve experienced workplace discrimination because of an actual or perceived disability, we can help. Our attorneys know how difficult it can be to challenge your employer and file a discrimination claim. You may feel as if you’re alone and vulnerable, but you don’t have to fight your discrimination case alone. Our attorneys are standing by, ready to fight and seek justice in your case.
If you think you’ve experienced discrimination, the New York ADA litigation attorneys at Bashian & Papantoniou, P.C., can review your case immediately. Call us at (516) 447-3148 or contact us online to schedule an appointment.
The Americans with Disabilities Act became law on July 26, 1990, and it provides accessibility to individuals with disabilities to places throughout our society. The law was changed in 2008, and disability categories and definitions were broadened. The New York ADA litigation attorneys at Bashian & Papantoniou, P.C. works hard to hold employers accountable to ensure they are following the letter and spirit of the ADA. The law requires employers to give individuals with disabilities a fair opportunity to be considered for positions for which they are qualified within a company. Employers are also required to make reasonable accommodations to aid individuals with disabilities in the completion of their jobs.
The ADA is divided into five titles:
- Employment – Title I: Requires employers to make reasonable accommodations for individuals with disabilities, whether they’re employees or applicants. It also prohibits discrimination based on said disability.
- Public Services – Title II: Requires state and local government to provide access to facilities, such as public transit, to individuals with disabilities. Additionally, they cannot deny individuals with disabilities participation in public activities.
- Public Accommodations – Title III: Any new and existing public space must provide accommodations or modifications to individuals with disabilities.
- Telecommunications – Title IV: Public telecommunications services must provide individuals with disabilities with accommodations, such as TTYs devices for the hearing impaired.
- Miscellaneous – Title V: Prohibits the use of threats, coercion, or retaliation to discourage the use of ADA protections by individuals with disabilities or their advocates.
The ADA defines disabilities covered under the law and outlines the protections provided to individuals with disabilities. Disability is defined as a physical or mental impairment that limits one or more major life activities. As mentioned before, the ADA provides protections for perceived disabilities and actual ones. The law also provides protection for employees requesting reasonable accommodations because they act as a caregiver to an individual with disabilities. It’s illegal for employers to base employment decisions solely on the disability of an individual, and once an accommodation is requested, the duty is on the employer to work collaboratively with their employee to reach a reasonable solution.
Common ADA Violations in New York
Employees in New York requesting ADA protections can meet challenges in the form of unwilling employers and the inability to prove a violation in court. For an ADA violation to be successful, an employee will need to prove the discrimination was actionable and overt. The appearance or whispers of discrimination is not enough to file a claim.
ADA lawsuits are commonly filed on the following grounds:
- Refusal to provide reasonable accommodations for special needs
- Refusing temporary medical leave
- Discriminatory hiring practices against individuals with disabilities
- Terminating employees for requesting an ADA-compliant accommodation
The New York ADA litigation attorneys at Bashian & Papantoniou, P.C. are aggressive attorneys with years of experience helping clients fight for their rights. We will investigate your case and help you fight for justice.
Meeting filing deadlines when pursuing an ADA violation claim is imperative. While the statute of limitation for an ADA claim is two years, your case has a greater chance of success if you file as soon as possible. The shelf life of evidence wanes, and it becomes more difficult to investigate older claims.
While it’s better to file sooner, our New York ADA litigation attorneys will help you compile evidence for your case and fight to protect your rights at any time during your eligibility window. We will work hard for you from the beginning of your case to the end. Don’t let the challenges of filing an ADA litigation claim deter you. Hiring an experienced attorney can make all the difference in your case. As your legal advocate, we will be standing by you, fighting for the fair and just compensation you deserve.
Schedule a consultation with the New York ADA attorneys at Bashian & Papantoniou, P.C., right away. We will analyze your case and develop a strategy for your claim.
Call us at (516) 447-3148 or contact us online to schedule an appointment.
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