The Equal Employment Opportunity Commission (EEOC) released a Retention of Disabled Employee Report with recommendations for federal agencies to improve retention of disabled employees in federal public sector jobs.

The Report is based on 3 years of data & recommends that Fed Agencies should have: 

1. Disability accommodation procedures that comply with federal law;
2. Compliance procedures for processing personal assistance services requests; & 
3. Systems for processing such requests & publicizing them to employees & applicants on their website.

Disability discrimination of public employees got a lot more interesting on September 4, 2024, when NYS Governor Kathy Hochul signed into law Assembly Bill A09935, which requires public employers who deem employees unfit after requiring medical examinations to provide those employees with access to all documents supporting their decisions.

Under the Civil Service Law, employers can seek examinations of employees deemed unfit to perform the duties of their job due to a mental or physical disability, where such disability is also grounds for the employee to receive a reasonable accommodation, under the New York State Human Rights Law and the Federal Americans with Disabilities Act, if such employees can continue to perform the essential functions of their job with the accommodation.

Now, employers must provide, in addition to a notice of the factual basis of its decision, copies of communications between the employer and the medical examiner overseeing the claim, as well as records supporting the determination, to employees who appeal such determinations.

Because employees have only 10 days after the factual notice is served to request a hearing, the law aims to afford employees a complete understanding of the unfitness determination and its basis, allowing them to either make changes to be deemed fit or to be fully informed at a hearing. This can also be essential evidence in a failure-to-accommodation discrimination case. 

The new law goes into effect on January 1, 2025.

• Addressing Mishandled Mobility Devices: Passengers with disabilities often experience damage or loss of their mobility devices during air travel, leading to significant distress and inconvenience. The proposed rule seeks to establish stringent guidelines to mitigate such incidents and hold airlines accountable for the proper handling of mobility devices.
• Ensuring Proper Transfers: Passengers with disabilities often face challenges in navigating these transitions, leading to potential safety risks and infringements on their dignity. The proposed rule aims to implement measures to ensure that passengers receive the necessary support and assistance throughout the travel process.

Recent trends have seen the Equal Employment Opportunity Commission (EEOC) significantly bolster its scrutiny on workplace discrimination, particularly on the front of disability discrimination. As advocates for those who face injustice, Lieb at Law, P.C. delves into these trends and urges those affected to seek their rightful legal recourse.

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New law establishes Office of the Advocate for People with Disabilities. The Office assures that disabled people are afforded the opportunity to exercise all of the rights and responsibilities accorded to citizens of New York.

Operating under the Department of State, the Office shall advise and assist state agencies in developing policies designed to help meet the needs of the disabled by:

• Coordinating the implementation of the Americans with Disabilities Act;
• Ensuring that state programs do not discriminate against disabled people; 
• Ensuring that programs provide appropriate services for disabled individuals; and 
• Working with state agencies to develop legislation and potential regulatory changes.

Landlords should be actively removing barriers to access so that this new Advocate doesn't bring suit against them for violations of the Americans with Disabilities Act (ADA). 

A new law seeks to reduce bias against injured workers in low-income brackets who cannot afford attorneys' fees.

New York's Workers’ Compensation law has been amended to include awarding attorneys’ fees for the following services:

• 1/3^rd of one week’s compensation for awards made directing the continuation of weekly compensation benefits for temporary total or partial disability;

• 15% of the increased compensation when an award is made that increases the amount of compensation awarded or paid for a previous period(s) of temporary total or partial disability;

• 15% of the compensation due in excess of the employers/carrier’s previous payments when an award is made for loss of use or permanent facial disfigurement;

• 15% of the compensation due in excess of the employer or carrier’s previous payments plus a sum equivalent to 15 weeks of compensation when an award is made for permanent total disability or permanent partial disability;

• 15% of the compensation due in excess of the employer/carrier’s previous payments plus a sum equivalent to 15 weeks of compensation when an award is made for death benefits; and

• 15% of any benefits to be paid by the employers/carrier when an award is made under a waiver agreement.

Thousands of Americans who have contracted COVID-19 may now qualify for disability under the Americans with Disabilities Act (ADA).

The Equal Employment Opportunity Commission (EEOC) passed new ADA guidelines to cover individuals with COVID-19 disabilities.

There are three ways a person can be deemed to have a COVID-19 disability under the ADA.

1. A person with COVID-19 has an Actual Disability if the person’s medical condition or any of its symptoms is a "physical or mental" impairment that "substantially limits one or more major life activities." An individualized assessment is [required] to determine whether the effects of a person’s COVID-19 substantially limit a major life activity. This will always be a case-by-case determination.
2. A person who has or had COVID-19 can be an individual with a Record of a Disability if the person has "a history of, or has been misclassified as having, an impairment that substantially limits one or more major life activities, based on an individualized assessment.”
3. A person is Regarded as an Individual with a Disability if the person is subjected to an adverse action (e.g., being fired, not hired, or harassed) because the person has an impairment, such as COVID-19, or the employer mistakenly believes the person has [COVID-19].”

In some cases, regardless of whether an individual’s initial case of COVID-19, itself, constitutes an actual disability because the case-by-case evaluation does not result in such a determination, that individual’s COVID-19 may end up causing impairments that are themselves disabilities under the ADA.

If you meet either the “actual" or “record of” definition of disability you may be eligible for a reasonable accommodation at the workplace.

It is unlawful for employers to discriminate against employees or applicants based on a COVID-19 disability. Further, it is unlawful for employers to refuse to provide reasonable accommodation for those with COVID-19 disabilities if it does not place an undue hardship on the employer.

If you believe you’ve been the target of COVID-19 Disability Discrimination by an employer then you should seek the counsel of an attorney to determine the extent of your injuries. Your attorney can assist you filing a legal complaint with EEOC. If the employer is found to have acted unlawful according to the ADA, then your attorney can leverage your position so you are awarded compensatory damages, penal damages, penalties, and attorney fees.

Also, don't forget that state and local anti-discrimination laws have lower standards to qualify for protection so even if you don't qualify under the ADA, check your state, county, city, or town / village. 

The Federal Courts, in the Southern District of New York, awarded $125,000 to each individual who was denied cosmetic surgery due to their HIV-Positive status in interesting discrimination case. 

The case was brought under Title III of the Americans with Disabilities Act of 1990 (ADA) and the New York City Human Rights Law.

The penalty was based upon the HIV-Positive individuals' traumatic experiences, resulting in significant feelings of humiliation, shock, and worthlessness, as well as anxiety, stress, sleeplessness, and feelings of stigma and humiliation.

Again, $125,000 was awarded to each victim of discrimination who experienced emotional distress.

What do you think the award should have been?

1. Nothing
2. $20,000
3. $125,000
4. $1,000,000

• General information of employee/tenant (i.e. name, contact information)
• Nature of the disability
• Requested/suggested accommodation(s) 

• Review accommodation request
• Request supporting medical documentation if necessary from employee/tenant to properly evaluate request 
• Discuss effectiveness/feasibility/reasonableness of potential accommodation(s) with employee/tenant