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Categories Disability Law

Navigating ADA and NY Discrimination Laws

Author admin Categories Disability Law Posted on

Introduction

Navigating life with a disability presents its own unique challenges, but discriminatory practices shouldn’t be one of them. That’s why laws like the Americans with Disabilities Act (ADA), the New York State Human Rights Law, and the New York City Human Rights Law exist to protect your rights. At ILGANAYEV LAW FIRM, PLLC, we want you to be well-informed of these protections. If you feel that your rights as an individual with disabilities have been violated, we are here to fight for you.

What Constitutes Discrimination?

Discrimination can manifest in various forms and settings, particularly for individuals with disabilities. Here are some specific examples that illustrate discriminatory practices:

  1. Lack of Entry for Wheelchair Users: Public places like restaurants or stores without ramps or elevators.
  2. Non-Compliant Doors: Establishments with doors that violate ADA Section 404 guidelines, such as doors with high thresholds, inadequate maneuvering clearances, or non-operable handles for people with disabilities.
  3. Inaccessible Bathrooms: Bars or restaurants with bathrooms that are not wheelchair-accessible, lack handrails, or have doors that are too narrow.
  4. Limited Transportation Access: Public buses or trains without adequate facilities for people with mobility issues.
  5. Informational Barriers: Lack of Braille or audio descriptions in public places, such as museums or service centers.
  6. Exclusionary Policies: Gyms or recreational facilities that deny entry to individuals based on their disabilities.

These are just a few examples. Discrimination can also be subtler, such as failing to provide reasonable accommodations in the workplace, or not allowing service animals into public spaces.

The Americans With Disabilities Act (ADA)

Enacted on July 26, 1990, the ADA is a federal law designed to prevent discrimination against people with disabilities in various facets of public life including employment, public accommodation, and transportation.

Key Objectives of the ADA

  1. Elimination of discrimination against individuals with disabilities.
  2. Providing clear, strong, consistent, enforceable standards.
  3. Using the power of Congress to address major areas of discrimination.

The Department of Justice has also formulated guidelines known as the Americans with Disabilities Act Accessibility Guidelines (ADAAG), which could result in civil penalties up to $110,000 for the first violation and $150,000 for subsequent violations.

New York State Human Rights Law

The New York State Human Rights Law makes it unlawful for public accommodations to discriminate based on disability. This provides an added layer of protection beyond federal laws.

New York City Human Rights Law

Even more locally, the NYC Human Rights Law and the Local Civil Rights Restoration Act of 2005 offer stringent protections against discrimination. The Restoration Act also makes it abundantly clear that these laws should be construed liberally to favor the disabled to the fullest extent possible.

Attorney Fees — YOU DON’T HAVE TO PAY

Often, one of the barriers to seeking legal recourse is the fear of incurring hefty legal fees. Here at ILGANAYEV LAW FIRM, PLLC, we want to emphasize that you do not have to pay for attorney fees when it comes to cases of this nature. The ADA and the New York City Human Rights Law allow for reasonable attorney’s fees, costs, and expenses to be paid by the defendants.

Why Choose ILGANAYEV LAW FIRM, PLLC?

  1. Expertise: Our team is highly experienced in ADA law, as well as state and city regulations.
  2. No Cost to You: Remember, you do not have to pay attorney’s fees in cases of discrimination based on disability.
  3. Client-Centric: As a boutique, client-focused firm, we place your needs and rights at the forefront of what we do.

Conclusion

Your rights to accessibility and equal treatment are protected by a robust legal framework. If you believe you have faced discrimination due to your disability, we urge you to contact us right away and let us fight for your rights.

For further queries or to schedule a consultation, please call us at 646.396.8050 or via email at ilganayevlaw@gmail.com and our attorneys will get back to you right away.

ATTORNEY ADVERTISING. This blog post is provided for informational purposes only and does not constitute legal advice. For specific legal guidance related to your situation, please consult with an attorney. Prior results do not guarantee a similar outcome.

Categories Harassment & Discrimination

Understanding Your Workplace Rights Under NY and Federal Law

Author admin Categories Harassment & Discrimination Posted on

As a dedicated law firm committed to safeguarding individuals’ rights in the workplace, ILGANAYEV LAW FIRM PLLC is dedicated to advocating for the rights of employees in the workplace. In this blog post, we aim to provide valuable insights into workplace rights that every individual should be aware of. By understanding these rights, you can navigate your work environment with confidence and take appropriate action if necessary. ILGANAYEV LAW FIRM PLLC is here to assist you in safeguarding your rights and finding the justice you deserve.

Understanding Your Rights:

  1. Title VII of the Civil Rights Act of 1964: This federal law prohibits discrimination in employment on the basis of race, color, religion, sex, or national origin. It is designed to ensure equal opportunities and a fair work environment for all employees.
  2. New York State Human Rights Law: New York State law provides additional protections against discrimination and harassment in employment. It covers a broader range of protected classes, including age, sexual orientation, gender identity or expression, marital status, disability, and more.
  3. New York City Human Rights Law: Employees working within the boundaries of New York City enjoy further protections under the local human rights law. This law extends the scope of protected characteristics and imposes stricter standards for addressing workplace discrimination and harassment.

Protecting Your Rights: If you believe your rights have been violated in the workplace, it is crucial to take prompt action.

Here are some steps you can consider:

  1. Take Care of Yourself: Find your safe space whether it consists of your family, friends, or significant other. A support system is crucial for getting through this tough time.
  2. Consult an Experienced Attorney: Seek legal advice from professionals like ILGANAYEV LAW FIRM PLLC, who specialize in employment law. Our team can assess your situation, guide you through the legal process, and ensure your rights are protected.
  3. Preserve Evidence: It is vital to preserve all relevant documents, including the employee handbook, emails, physical records, and any other form of evidence that supports your claims. Failure to do so can have serious consequences and hinder your case.
  4. Initiate Communication: Reach out to your employer, either directly (if you feel comfortable) or through legal representation, to express your concerns and discuss potential resolutions. In our case, we have given the employer a deadline to respond, highlighting the importance of initiating a meaningful dialogue.

Understanding your workplace rights is essential in ensuring a fair and equitable work environment. By staying informed and seeking professional legal advice when needed, you can protect your rights and take necessary action against any workplace violations. At ILGANAYEV LAW FIRM PLLC, we are dedicated to advocating for employees’ rights and providing comprehensive legal assistance. Contact us today to discuss your situation and find the justice you deserve.

ATTORNEY ADVERTISING.  This blog post is provided for informational purposes only and does not constitute legal advice. For specific legal guidance related to your situation, please consult with an attorney. Prior results do not guarantee a similar outcome.