The disability discrimination lawyers at Rapaport Law Firm take professional pride in our track record of success in protecting the rights of employees in New York and and New Jersey from discrimination on the basis of a disability or medical condition. We vigorously protect the rights of our clients to obtain reasonable accommodations from their employers so that they can continue performing their jobs. We have obtained substantial monetary awards for employees who were unlawfully terminated as a result of illness or disability. We have a track record of success in protecting the rights of New York and New Jersey employees.
We are fully familiar with federal, NY, and NYC laws that protect employees against disability discrimination. These powerful anti-discrimination laws include the Family and Medical Leave Act (FMLA), Americans with Disabilities Act (ADA), New York State Human Rights Law (NYSHRL), and New York City Human Rights Law (NYCHRL).
Some of our firm's most significant victories have been on behalf of employees who were unlawfully terminated by their employers after they exhausted their 12 weeks of FMLA leave. Under the ADA and NYCHRL, it is unlawful for an employer to automatically terminate a disabled employee at the end of FMLA leave. One of the specific accommodations required by the ADA is allowing a qualified employee a leave of absence when doing so would not constitute hardship. We have obtained substantial monetary awards for employees who were unlawfully subjected to automatic termination at the end of FMLA leave.
If your employer has a policy of terminating employees who are unable to immediately return to work at the end of the twelve-week FMLA leave, that policy is unlawful. An employer must consider whether a further, reasonable accommodation (such as additional leave beyond the twelfth week) could be given without undue hardship and would allow you to recuperate so that you are able to return to work.
If your employer violated your rights, contact us today.
An employee's exhaustion of FMLA leave (90 days) does not provide the employer with an excuse for disregarding a request additional time off under the Americans With Disabilities Act and New York City Human Rights Law. The New York disability discrimination attorneys at Rapaport Law Firm have obtained six-figure settlements for employees who were illegally fired for exhausting FMLA leave. Call for a free telephone consultation: ph (212) 382-1600.