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Equal Employment Opportunity (EEO)

Mayor's Office for People with Disabilities

Both the Americans with Disabilities Act (ADA) and the NYC Human Rights Law (alt 8, New York City Administrative Code), protect your right to employment in New York City (NYC).

The pamphlet issued by the New York State Office of the Advocate for the Disabled states the following:

alt I of the ADA prohibits employment discrimination in the public and private sector and in state and local government. It requires reasonable accommodation in recruiting, hiring and employing, promoting and training qualified workers with disabilities. The term "qualified" refers to an individual with a disability that-with or without reasonable accommodation-can perform the essential functions of the job held or sought. Consideration is given to the employer's judgment as to what functions of a job are essential. If an employer developed a written job description before recruiting or interviewing applicants, this description is considered evidence of the essential functions. "Reasonable accommodation" may include making facilities used by employees accessible and usable by individuals with disabilities. It can also include job restructuring, part-time or modified work schedule, the purchase or modification of equipment or devices, modification of examinations, training materials or policies and providing qualified readers and interpreters.

Accommodation is required unless it results in "undue hardship" -significant difficulty or expense to the employer. Factors to be considered (but not limited to) include the nature and cost of the accommodation, the financial resources and overall size of the business-in terms of the numbers of workers, the number of facilities and the structure and functions of the workforce.

Discrimination complaints based on the ADA should be brought to the U.S. Equal Employment Opportunity Commission at 7 World Trade Center, 18th Floor, New York, NY, 10048-0948, Voice (212) 748-8500, TDD (212) 748-8399. Or check their web site: http://www.eeoc.gov.

alt 8 of the New York City Administrative Code prohibits employers, employees, agents or supervisors who employ more than three persons (including family members), may not fire or discharge you, refuse to hire you or refuse to promote you because you are disabled. Also, you can not be given different terms or conditions of employment (for example, assignments, salary, opportunities for advancement) because you are disabled. An employment agency may not classify or act upon applications for employment based upon disability.

A union or labor organization may not exclude or expel a person from membership because they are disabled. Employers, employment agencies and/or unions may not make statements, ask questions during interviews or print and/or circulate job announcements which suggest in any way, directly or indirectly, that there is any preference for or discrimination against any person who is or is not disabled. Employers, employment agencies and/or unions (and their agents or employees) may not select or exclude someone for enrollment in an apprentice training program, on-the-job training or other occupational training due to their disability.

If you believe your rights were violated, you may file a complaint within one year of the date of which discrimination occurred. Contact the NYC Commission on Human Rights, Law Enforcement Bureau's Intake Unit at (212) 306-7420, between the hours of 9:00 am to 5:00 PM Monday through Friday.


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