Your employer is covered by state law if it has at least four employees. The protection of state law is critical because there are so many small businesses in New York City. As with federal law, disability discrimination in any aspect of employment is prohibited. Intentionally prejudiced employment actions are prohibited, but so are any actions or omissions that work to deny disabled people access to the same job benefits that non-disabled employees or job applicants enjoy.
Under state law, a disability refers to: 1 a medical, mental, or physical impairment arising from neurological, genetic, physiological, or anatomical conditions that stop the exercise of normal bodily functions or that are shown through a medically accepted laboratory diagnostic method or clinical method, or 2 a record of having this type of impairment, or 3 being perceived as having this type of impairment.
Generally, covered disabilities under state law are those that do not stop you from performing in a reasonable way the job tasks of the job or occupation that you want or hold. If you meet the definition of a disability and are qualified for a job, you may be entitled to a reasonable accommodation.
A reasonable accommodation is a change to the workplace that allows a qualified individual to do the job. An employer is supposed to consider a reasonable accommodation when it knows of the disability, as well as the need for an accommodation.
It must also be considered if you, as a qualified employee or applicant, let the employer know about your disability and ask for an accommodation. It must also be considered if you are a current employee who is disabled, and you let the employer know about the disability and ask to be accommodated, even though there has not been a change in your condition.
Your attorney will need to prove that if a reasonable accommodation were provided to you, your disability would not stop you from performing in a reasonable way the essential job functions. Essential job functions are those that are fundamental to the job at issue, whether it is one to which you are applying, one that you have, or one to which you are seeking a promotion. The criteria for determining the essential job functions include the employer's judgment about what is essential, how often other employees perform that function, and the direct, specific consequences to an employer's business if the function is not performed by you, as the particular disabled individual.
The employer, meanwhile, can raise the affirmative defense that providing an accommodation would present an undue hardship. Factors that go into determining whether the provision of an accommodation really does pose an undue hardship are the hardships, costs, or problems that it causes for an employer, including any hardship presented to other employees.
An employer should not discriminate against you or retaliate against you for exercising your right to ask for a reasonable accommodation. You may be able to recover compensatory damages for disability discrimination. These may include back pay and emotional distress. Unlike the Federal Family and Medical Leave Act, an employee may be entitled to an accommodation like a leave of absence, even if the employee has not worked for his or her employer for a year.
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Home New York Disability Discrimination Laws Have you been wrongly terminated or discriminated against because of a disability? About Filing a Discrimination Claim in New York To establish a prima facie case of disability discrimination under the New York State and City Human Rights laws, the plaintiff must show that she has a disability, that she was competent to perform her job, that she suffered an adverse employment action and that the circumstances of the termination give rise to an inference of discrimination.
Leave a Reply Cancel reply You must be logged in to post a comment. New York Disability Discrimination Laws. Proudly powered by WordPress. NYSIF must provide insurance to any employer seeking coverage, regardless of the employer's type of business, safety record or size. Employers may apply to provide workers' compensation, disability, and Paid Family Leave benefit coverage to their employees through self-insurance.
If qualified to self-insure, employers agree to make benefit payments, meet all obligations under WCB laws, rules and regulations, and must maintain an adequate security deposit in the event of a default. Once a Plan has been accepted by the Board, the employer s must provide administration of these benefits from a licensed NYS insurance carrier, or by obtaining the Boards approval to administer benefits as a Self-Insured employer.
An employer may choose to provide enhanced benefits such as; increased monetary pay out, a shorter waiting period duration to collect benefits, or a longer duration for benefits to be paid.
These benefits must be secured through a carrier licensed to write New York State statutory disability and paid family leave coverage or through Board approved self-insurance. These enhanced benefits are filed with the Board by the carrier or self-insured.
An employer is allowed, but not required, to collect contributions from its employees to offset the cost of providing disability and Paid Family Leave benefits. These contributions are separate and distinct from one another and may be funded by employees through payroll deductions. However, any employee who is receiving or is entitled to receive old age insurance benefits under title two of the social security act, shall be exempt upon filing Form DB with the employer and the chair.
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