If you are an individual with a disability and have been discriminated against based on your disability by a place of public accommodation then please contact us to discuss your rights and potential legal claims.
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.
Persons with disabilities include any individual with an impairment that substantially limits one or more major life activities and who has a record of such impairment or who is regarded as having such impairment. In addition, the ADA goes beyond just protecting those individuals with disabilities by also prohibiting discrimination against a person who associates with a person whom has a disability.
The ADA defines 12 categories of facilities that are places of public accommodation. Those places include every public place that is open to the public and often include entities such as restaurants, hotels, theaters, physician offices, retail stores, libraries, private schools and day care centers. Private clubs and religious organizations are exempt from ADA Title III requirements.
The general rule prohibits places of public accommodation through either ownership, agreement, licensing or other arrangements from denying a person with a disability from participating in or benefiting from the goods, services, facilities, privileges, advantages or accommodations of any such entity. In addition, such entities are prohibited from providing an unequal benefit or a separate benefit based on one’s disability. Any violation of such prohibitions is sufficient to state an ADA Title III claim.
We generally file our lawsuits in New York Federal Courts. Our attorneys are admitted to practice law in the Eastern and Southern United States District Courts of New York, as well as, the United States Court of Appeals for the Second Circuit. Our goal is to provide friends, family and clients with an equal opportunity to use and enjoy all opportunities that those without disabilities can appreciate. We have successfully represented numerous individuals through the Federal Court system and have a detailed strategy on getting quick and satisfactory modifications to the adverse entity.
Please call us for your FREE CONSULTATION.
We seek to recover all reasonable attorneys’ fees and litigation expenses from the party being sued and as permitted under the ADA. We also will seek to obtain for you all monetary damages available under the New York State Human Rights Law and/or New York City Human Rights Law. If you have been discriminated against and want to take quick decisive action then please call us to discuss how we can best serve your needs.
Our team of ADA lawyers are here to help, protect and enforce your rights in Federal and State lawsuits under the ADA.
Please feel free to contact us and discuss all options available in effectively handling ADA lawsuits. 516-279-1554
The attorneys at Bashian & Papantoniou are constantly striving to take law to the next level. Our team is comprised of exceptional professionals who put their clients first. We are knowledgeable, personable and diligent. Client success is our top priority.
Our compassion and understanding will help you feel comfortable in what may be either a challenging or new chapter in your life. We will always have someone available from our team to respond to any question, phone call or email about your matter.
At Bashian & Papantoniou, our biggest concern is you.