disability discrimination occur
If you have a disability and have worked in the transportation industry, you may be aware of some laws that protect employees with disabilities. These laws include the Americans with Disabilities Act (ADA). However, not all employers follow these laws and some go out of their way to discriminate against workers with disabilities. If you believe that your employer has violated the ADA, contact our New York City ADA lawyers to get help.
disability discrimination can occur in the transportation industry when an employer does not provide a reasonable accommodation or makes an unfavorable employment decision because of your disability. Reasonable accommodations are changes in company policies or practices that allow an employee with a disability to perform his or her job functions. These changes can be things such as providing you with a specific piece of equipment, making it easier for you to take a job test, or changing your work schedule so that you can attend appointments with your doctors. The key to a reasonable accommodation is that it must be something that will not create an undue burden for the employer. This means that the change must not cost the employer a lot of money or require it to retrain its employees. Larger employers are expected to make more reasonable accommodations than smaller employers.
The ADA states that employers must make reasonable modifications to their policies and procedures to allow persons with disabilities full access to their services. This is already a requirement for public transportation entities receiving federal assistance under Section 504 of the Rehabilitation Act, including Amtrak. However, courts have identified an unintended gap in our ADA regulations that this final rule fills.
Can disability discrimination occur in the transportation industry?
For example, a local transit agency that has an accessible route but does not have a sign to indicate the location of the bus stop could be required to change its signage. Or, a rail carrier that has seating with enough space to accommodate a wheelchair but does not offer auxiliary aids and services to help passengers board the train could be required to install a lift or other adaptive equipment.
The final disability claim lawyer also requires transportation entities to have a process through which individuals with disabilities can request reasonable modifications/accommodations and describe the impact of the limitation on their ability to use a service. This is similar to the requirements in the DOJ’s ADA rules for entities that receive Federal financial assistance and DOT’s ADA rules for passenger vessels, air carriers, and fixed routes.
It is important to remember that there are specific time limits for filing a claim. The EEOC generally requires that a complaint be filed within 180 days of the illegal conduct. In the state of New York, this timeline is extended to 300 days. If you want to file a claim, it is important to consult with a New York ADA attorney as soon as possible. Our ADA attorneys at Mansell Law have the experience and skill to guide you through the entire EEOC or court process.
