On November 21, 2017, the New York State Division of Human Rights determined that probable cause exists to believe that an employer discriminated against an employee on the basis of perceived disability. Long Island employment lawyers Famighetti & Weinick PLLC filed the charge of discrimination against a Nassau County employer in the Spring 2017 on behalf of one of the workers.
Perceived Disability Discrimination
The New York State Human Rights Law prohibits employers from discriminating against employees on the basis of the employee having a disability. Oftentimes, the question arises as to what constitutes a disability under the Human Rights Law. Under the statute, a disability can be an actual disability which is a medical impairment which affects the exercise of a normal body function. For example, a person with diabetes has a medical condition which affects the body’s ability to use sugar, so a person with diabetes will likely be considered disabled under the discrimination statute.