Proudly Fighting for Employees with Disabilities in the Workplace
If you are an individual with a disability and have been discriminated against in the workplace because of your disability then please contact us to discuss your legal options.
To establish a claim for discrimination under the ADA, an individual must demonstrate that he or she is disabled, is a qualified individual and who suffered unlawful discrimination because of his or her disability. A disability is an impairment that substantially limits one or more major life activities.
Once it is established that you are a qualified individual with a disability, we will inquire as to whether you have requested a reasonable accommodation from your employer.
Title I under the ADA requires employers to provide a reasonable accommodation to qualified individuals with disabilities who are employees or applicants for employment. The exception is if such reasonable accommodation would cause an undue hardship. Reasonable accommodations must be provided to all qualified employees regardless of whether they are part-time or full-time employees.
Examples of what is a reasonable accommodation, includes making existing facilities accessible, job restructuring or modifying equipment.
On the other hand, a mandatory accommodation is a modification or change to the work environment that is essential to allowing a qualified applicant or disabled person to perform essential functions of your job.
Before our law firm can commence an employment discrimination lawsuit for you under the ADA, you must first file a charge for discrimination with the Equal Employment Opportunity (“EEOC”) Commission. The purpose of the charges is to provide the adverse party with notice of your allegations for purposes of resolving your claims. Generally, you need to file an EEOC charge within 180 calendar days from the date of discrimination. You may be entitled to 300 days to file a charge when a state or local agency enforces a law that prohibits employment discrimination on the same basis. In addition, if there is a state law prohibiting age discrimination in employment settings with an authority enforcing such law then such filing deadline is also extended to 300 days.
Following the filing of an EEOC charge, a Charge of Discrimination is required to be filed within 300 days. If the EEOC elects not to proceed with its case then you must file a lawsuit within 90 days of such determination.
In the event we decide to file a lawsuit on your behalf then we will proceed to the proper courts and commence a lawsuit seeking various forms of relief. You will never come out of pocket to pay our attorneys’ fees or expenses when we pursue Title I employment discrimination claims under the ADA. We seek to recover all reasonable attorneys’ fees and litigation expenses from the party being sued and as permitted under the ADA.
Please call us for your FREE CONSULTATION.
Please feel free to contact us and discuss all options available in effectively handling and resolving employment discrimination claims under the ADA. 516-279-1554
