Wondering how NYC laws protect employees with hidden disabilities from workplace discrimination? This article covers the specific protections for those with conditions like chronic pain, anxiety, diabetes, renal failure and ADHD under NYC laws. Learn about your rights and what steps you can take if you face discrimination at work.
If you’re facing discrimination at work due to a hidden disability like chronic pain, anxiety, or ADHD, New York City’s laws are on your side. Levine & Blit’s experienced disability attorneys understand the complexities of such cases and can help you navigate your legal options. Don’t wait—protect your rights and secure the fair treatment you deserve. Contact us today for a free case evaluation and let our team fight for you.
👉Also Read: Combatting Disability Discrimination: Understanding Reasonable Workplace Accommodations in NYC
Understanding Hidden Disabilities
Hidden disabilities, also known as invisible disabilities, encompass a wide range of mental, physical, or neurological conditions that significantly affect an individual’s daily activities without being outwardly visible.
These could include:
- Autism spectrum disorder
- Depression
- Diabetes and renal failure
- Chronic pain
- Fatigue
- Multiple sclerosis
Despite their invisibility, these conditions can be as debilitating as more apparent disabilities, requiring workplaces to recognize and accommodate them appropriately.
Individuals with hidden disabilities often face unique challenges. There’s a constant battle against misunderstanding and stigma from colleagues who might not fully grasp the severity of their conditions. This lack of understanding can lead to difficulties in obtaining necessary accommodations, impacting job performance and overall well-being.
For instance, an employee with chronic fatigue might struggle with maintaining a standard 9-to-5 schedule, needing flexible hours or the option to work remotely. However, without proper recognition and support, their productivity and job satisfaction can suffer immensely.
Addressing these challenges starts with awareness and education. Fostering an inclusive environment where employees feel safe to disclose their disabilities allows employers to better support their workforce. Such efforts benefit individuals with hidden disabilities and enhance overall workplace morale and productivity.
Key Legal Protections Against Disability Discrimination
Legal protections against disability discrimination ensure that individuals with disabilities can fully participate in the workforce. The Americans with Disabilities Act (ADA), the Rehabilitation Act of 1973, and the New York State Human Rights Law (NYHRL) are some of the crucial pieces of legislation providing these protections. The ADA aims to prohibit discrimination against individuals with disabilities in various areas, including employment, public services, and accommodations. The Rehabilitation Act prohibits discrimination against individuals with a physical or mental impairment that substantially limits major life activities, those with a history of such impairments, or those perceived as having them.
Conversely, the NYHRL offers even broader protection. It is interpreted in favor of plaintiffs, increasing the chances of success in disability discrimination claims compared to the ADA. Under the NYHRL, the burden of proof is on the employer to demonstrate that an employee cannot perform their job with reasonable accommodations.
This shift in burden of proof simplifies bringing forward and succeeding in claims.
ADA’s Application to Employers
The ADA applies to employers with 15 or more employees, providing specific protections against disability discrimination. It ensures that individuals with disabilities are not unfairly treated in the workplace. The ADA prohibits employers from asking if someone has a disability, protecting the privacy of employees and job seekers. This means that during the hiring process or employment, employers cannot inquire about an individual’s disability status, ensuring that employment decisions are based on qualifications and not on disabilities.
Moreover, the ADA requires employers to provide reasonable accommodations to qualified individuals with disabilities, ensuring equal employment opportunities. These accommodations can range from modifying work schedules to providing special equipment. These adjustments aim to level the playing field, allowing individuals with disabilities to perform their jobs effectively.
NYHRL’s Broad Coverage
The New York State Human Rights Law (NYHRL) offers even more comprehensive protection against employment disability discrimination. Unlike the ADA, which applies only to employers with 15 or more employees, the NYHRL covers all employers, regardless of size. This broad coverage protects employees in smaller businesses from discrimination. For instance, employees in small startups with fewer than 15 employees are still entitled to the same protections under the NYHRL as those in large corporations.
This inclusive approach serves as a crucial safety net, particularly for employees in smaller organizations who might otherwise be vulnerable to discrimination without the extensive reach of the ADA. By applying to all employers, the NYHRL ensures that no employee is left without protection, reinforcing the importance of equal opportunity and fair treatment in every workplace.
Reasonable Accommodations for Hidden Disabilities
Reasonable accommodations are adjustments or modifications that enable qualified individuals with disabilities to perform their job functions effectively. These accommodations should be tailored to the specific needs of individuals and can include adjustments like ergonomic furniture, flexible scheduling, or the provision of assistive technology. For example, an employee with chronic pain might benefit from an ergonomic chair, while someone with anxiety might need a quiet workspace.
Without support, employees with hidden disabilities may experience decreased job satisfaction and productivity. Conversely, those who disclose their conditions and receive appropriate accommodations often report higher levels of happiness at work. This underscores the importance of an inclusive workplace where employees feel comfortable disclosing their disabilities and requesting support.
The following sections explore how employees can request accommodations and the responsibilities of employers in providing them.
Requesting Accommodations
Employees do not need to formally mention ‘reasonable accommodation’ or ‘disability’ in their request for it to be considered valid. They can request accommodations verbally or through any form of communication, not necessarily in writing. However, it is advisable for employees to document their accommodation requests to maintain a record in case of disputes. This documentation can serve as crucial evidence if there is ever a need to escalate the issue.
Upon receiving a request, employers must engage in an interactive process to determine appropriate accommodations for employees with disabilities. This involves an informal dialogue between the employer and the employee to explore possible accommodations. The goal is to find a solution that enables the employee to perform their job effectively without imposing undue hardship on the employer.
Many employees with invisible disabilities may hesitate to disclose their conditions due to fear of not being taken seriously by their coworkers. This reluctance can prevent them from receiving necessary support, underscoring the need for a supportive workplace culture.
Employer Responsibilities
Employers with 15 or more employees must provide equal opportunities and reasonable accommodations to individuals with disabilities. Under the ADA, employers must make reasonable accommodations unless doing so would impose an undue hardship on the business. This undue hardship clause means employers are not required to make accommodations that would be excessively costly or disruptive.
Engaging in an interactive process is a core responsibility of employers. This involves discussing with the employee to identify and implement effective accommodations. The employer’s obligation is to demonstrate that the accommodation would impose an undue hardship if they cannot provide it. This ensures that employees with disabilities receive the support they need to perform their job functions effectively.
Proving Disability Discrimination
Proving disability discrimination can be challenging, but the ADA and NYHRL provide protections to help employees navigate this process. Under the ADA, the burden of proof lies with the employee to demonstrate they could perform their job duties. Conversely, the NYHRL places the burden on the employer to show that the employee could not perform their job even with reasonable accommodations. This shift in burden of proof under the NYHRL makes it easier for employees to bring forward and succeed in their claims.
In a study conducted in 2017 by the Center for Talent Innovation (CTI), it was discovered that 62% of employees with disabilities have disabilities that are not immediately apparent. Many choose not to disclose their conditions due to fear of discrimination. This fear can make it difficult to prove discrimination, as employees may lack the documentation or support needed to substantiate their claims.
Steps to Address Workplace Discrimination
When faced with workplace discrimination, employees can take several steps to address the issue. The initial step is usually to file a complaint internally with their employer. Internal grievance procedures can often lead to a resolution without the need for external action. This approach fosters better workplace relations and potentially avoids lengthy legal disputes.
After:
- File a complaint internally with your employer.
- Utilize internal grievance procedures to seek resolution.
- Aim to foster better workplace relations.
- Consider avoiding lengthy legal disputes through internal resolution.
If internal procedures do not resolve the issue, employees can escalate their complaints to external agencies. The following sections will guide you through the detailed actions you can take, including filing a complaint with the EEOC and seeking legal assistance.
Internal Grievance Procedures
Using a company’s established grievance process allows employees to report discrimination without immediately seeking legal action. This can lead to a resolution before escalating the issue externally. Addressing the problem internally allows employees and employers to work together to resolve the issue, fostering better workplace relations.
This approach avoids the administrative burdens and potential conflicts associated with external legal action.
Filing a Complaint with EEOC
If internal procedures do not resolve the issue, employees can file a charge of discrimination with the Equal Employment Opportunity Commission (EEOC). To comply with federal timelines, individuals must submit their complaint within 300 days of the alleged discrimination. Complaints can be filed online, in person, by mail, or through state or local Fair Employment Practices Agencies. Documenting the nature of the complaint and the timeline of events is essential.
Title I complaints must be filed within 180 days of the discrimination incident, or 300 days if reported to a state or local agency. Filing the complaint within these timelines is crucial to maintaining the validity of the claim.
Seeking Legal Assistance
Federal and state laws protect employees from retaliation when they report discrimination or participate in investigations. The federal government provides guidelines that help ensure these protections are upheld. Seeking legal assistance can help employees understand their rights and ensure they are adequately protected.
Consulting an attorney specializing in employment law can provide crucial support for navigating discrimination claims. Levine & Blit offers legal assistance to help individuals facing disability discrimination recover lost wages, benefits, and compensatory damages. Employment discrimination attorneys at Levine & Blit have over 100 years of combined experience in fighting for the rights of employees who face discrimination due to their disability.
👉Also Read: Identifying Discrimination in the Workplace: Signs, Solutions, and Legal Remedies
Contact Our Experienced New York Disability Discrimination Attorneys Today
If you believe you’ve been a victim of workplace discrimination based on race, gender, age, sexual orientation, disability, or another protected characteristic, don’t hesitate to take action. Workplace discrimination can be subtle and difficult to recognize, but you have the right to fair treatment under the law.
At Levine & Blit, our experienced New York disability discrimination attorneys specialize in employment law and are ready to help you build a strong case. Contact us today for a free case evaluation and take the first step toward securing the justice and compensation you deserve. Call 646-461-6838 now.