New York employers are forbidden from discriminating against an otherwise-qualified worker due to current, former or perceived disability status. Even if an employee does not have a disability but the employer believes that he or she does, discriminatory actions against the employee are against the law.
The state of technology today allows many workers to telecommute, either for a limited part of the workweek or, in some cases, every day. Many companies find allowing workers to telework is beneficial, according to the Equal Employment Opportunity Commission. Roughly 15 years ago the EEOC began to recognize telecommuting as a possible reasonable accommodation for workers with disabilities in appropriate cases.
A woman who works for Arc of Onondaga is suing the community-based organization for alleged disability discrimination. The organization provides services for people who have developmental disabilities and a woman who works for the organization says Arc failed to accommodate her disability. She says that after she requested a reasonable accommodation, she was demoted.
In October 2009, a woman in the Midwest was diagnosed with stage IV cervical cancer. She called her supervisor with the news, and says that she also hoped to continue working as she fought the disease. She had hoped that she could take a different job with her employer that may be less demanding. She was worried about the physical demands of her full time job, and during the phone conversation, she says that she asked about other work.
A Hicksville, New York woman says that she was fired after helping her supervisor move up the list on the national organ donor list to receive a kidney transplant. The woman says in her disability discrimination lawsuit that she suffered complications after donating a kidney.