§6.0 I. Introduction

• Jurisdiction: New York

I. Introduction

As mentioned in prior chapters, while New York State and New York City's protections for those with qualifying disabilities can be found under their respective Human Rights Laws⁴³⁷ (see Chapter 1), Congress created a separate statutory framework for different protected classes. Protections for those with qualifying disabilities, and for those who qualify for protected, unpaid leave from the workplace, are not found under Title VII of the Civil Rights Act. Instead, those protections are found under the Americans with Disabilities Act⁴³⁸ or the Family and Medical Leave Act,⁴³⁹ respectively. Take note, however, that while this chapter largely addresses these statutes in the employment context, the ADA also applies in other fields, such as access to services and public accommodations (see also Chapter 7, infra), and access to government programs.⁴⁴⁰ Courts have stated:

The scope of the ADA covers not only intentional discrimination, but also the discriminatory effects of facially neutral practices and barriers. . . . Title III of the ADA prohibits discrimination against individuals in any place of public accommodation. . . . Liability is imposed upon "any person who owns, leases (or leases to), or operates a place of public accommodation" that discriminates against an individual on the basis of disability. . . . Discrimination includes the failure to remove "architectural barriers" in existing facilities where such removal is "readily achievable.". . . If a place of public accommodation fails to remove architectural barriers, the enforcement provisions of the ADA provide a private right of action. . . . Further, the Court may order injunctive relief which includes an order to make a facility "readily accessible." ⁴⁴¹

Always remember that the ADA was created "to provide 'a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities.'"⁴⁴² But, understand that nothing in the ADA requires an employer to hire unqualified individuals, utilize hiring preferences for those with disabilities, or provide very expensive accommodations.⁴⁴³ Let us now examine the provisions of law in more detail.

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Notes:

^[437] . See N.Y. Exec. Law § 296; N.Y.C Admin. Code § 8-107.

^[438] . 42 U.S.C. §§ 12101, et seq.

^[439] . 29 U.S.C. §§ 2601, et seq.

^[440] . See Tennessee v. Lane, 541 U.S. 509, 516–17 (2004) (Stevens, J.) (The ADA "forbids discrimination against persons with disabilities in three major areas...