Workplace Harassment Cases

If you feel you are being bullied or disrespected at work because of your disability, you may have a case. It is illegal for workers to disparage someone because of their disability, their perceived disability, a past disability, or a minor physical or mental impairment that is not transitory.
Some forms of harassment include:

⦁ Offensive remarks about a person’s condition
⦁ Comments which lead to the person’s demotion or firing
⦁ A hostile environment that encourages the person to leave the company
⦁ Putting the victim in situations which would highlight their disability for the purpose of mocking that person
⦁ Asking a job applicant questions about their current medical history or requiring them to take a medical exam

Reasonable Accommodation in Disability Cases

Individuals with disabilities may need some special accommodations in order to enjoy comfort and security at their jobs. The law requires that companies grant these requests as long as they do not cost the employer a significant amount of money or cause significant difficulties.

A reasonable accommodation would include anything that changes the work environment in order to help a person perform the duties of a job, apply for a job, or enjoy the benefits of a job. This could include wheelchair accessibility, an interpreter for the deaf, or flexible scheduling due to doctor’s appointments.

In addition to the ADA, the New York City Human Rights Law defines "reasonable accommodation" as "such accommodation that can be made that shall not cause undue hardship in the conduct of the covered entity's business. The covered entity shall have the burden of proving undue hardship."
On December 19, 2017, the New York City Council amended the New York City Human Rights Law to require covered organizations to engage in a “cooperative dialogue” with individuals who may be entitled to a reasonable accommodation.

Covered organizations include employers, providers of public accommodations and providers of housing accommodations.

The term “cooperative dialogue” means the process by which a covered entity and an individual who may be entitled to an accommodation engage in a discussion to identify what reasonable accommodations are available to assist the individual. The bill requires the covered organization to provide the individual requesting an accommodation a written final determination identifying any accommodation granted or denied.

This determination may only be made after the parties have engaged, or the covered entity has attempted to engage, in the “cooperative dialogue.”

If your request for accommodation is denied, a lawyer at our firm can take a look at the case. You may have the right to pursue legal action if we can determine that the denial was unjust and does not fall under the protections of undue hardship to the employer.