RAPAPORT LAW FIRM:
FIGHTING AGAINST NEW YORK DISABILITY DISCRIMINATION SINCE 1995
We take professional pride in our track record of success in protecting the rights of employees in New York and throughout the United States who have suffered 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 can continue working. We have obtained substantial monetary awards for employees who were unlawfully terminated as a result of illness or disability.
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.
DID YOU KNOW?
An Employee's exhaustion of FMLA leave does not provide the employer with an excuse for disregarding a request for an accommodation under the ADA in the form of an additional leave of absence. Parker v. Columbia Pictures Industries, 204 F.3d 326 (2nd Cir. 2000).
