Legal Question in Disability Law in New York

Re: job related

You MIGHT have a case for a disability discrimination lawsuit against the employer under the (ADA) Americans with Disabilities Act and/or other civil rights laws, N.Y. state human rights laws or city laws. It depends upon the nature of your limitations and restrictions on "major life activities" such as movement, walking, lifting, exertion, etc., as a result of the heart attack and the permanency thereof. The Americans with Disabilities Act only protects employees who have serious, major limitations on such "major life activities" and, also, the ADA only offers protection against discrimination to those whose affliction and resulting limitations and restrictions on "major life activities" are expected to be permanent or at least long-term.

You would also have to demonstrate that not only are you disabled within the above meaning of the ADA, but that the employer also fired you as a result of this disability, and that you could still perform your job even with this disablility if the employer offered you "reasonable accomodation" in view of your disabilities.

However, even if you can prove the above, the employer might still be able to defend himself by arguing that keeping an employee with your disability in the workplace would impose an "undue hardship" in terms of substantial difficulty and/or expense to the employer and/or endanger the safety of other employees in the workplace.

I would need further details to better help you assess what your next steps should be.

You can arrange an appointment by telephoning my law office voicemail and/or by e-mailing me.

To contact me: Both my law office telephone number and my e-mail address are available through this LawGuru website's Attorney Profile link.

Re: job related

You MIGHT have a case for a disability discrimination lawsuit against the employer under the (ADA) Americans with Disabilities Act and/or other civil rights laws, N.Y. state human rights laws or city laws. It depends upon the nature of your limitations and restrictions on "major life activities" such as movement, walking, lifting, exertion, etc., as a result of the heart attack and the permanency thereof. The Americans with Disabilities Act only protects employees who have serious, major limitations on such "major life activities" and, also, the ADA only offers protection against discrimination to those whose affliction and resulting limitations and restrictions on "major life activities" are expected to be permanent or at least long-term.

You would also have to demonstrate that not only are you disabled within the above meaning of the ADA, but that the employer also fired you as a result of this disability, and that you could still perform your job even with this disablility if the employer offered you "reasonable accomodation" in view of your disabilities.

However, even if you can prove the above, the employer might still be able to defend himself by arguing that keeping an employee with your disability in the workplace would impose an "undue hardship" in terms of substantial difficulty and/or expense to the employer and/or endanger the safety of other employees in the workplace.

I would need further details to better help you assess what your next steps should be.

You can arrange an appointment by telephoning my law office voicemail and/or by e-mailing me.

To contact me: Both my law office telephone number and my e-mail address are available through this LawGuru website's Attorney Profile link.