American Disabilities Act Lawyers for the Disabled (“ADA”)

Proudly Fighting for Disabled Employees 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.

We will work with you on this detailed fact analysis and help determine what your rights are, and whether they have been violated.

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 at 516-279-1554 to discuss all options available in effectively handling and resolving employment discrimination claims under the ADA.

American Disabilities Act Lawyers (“ADA”)

Proudly Representing the Disabled in
New York Title III Claims

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.

Who is protected?

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.

What is a place of public accommodation?

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.

What is the rule?

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.

Where are the lawsuits commenced?

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.

You will never come out of pocket to pay our attorneys’ fees or expenses when we pursue Title III accessibility 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. 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 at 516-279-1554 to discuss all options available in effectively handling ADA lawsuits.

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