Employment Law Questions? Ask an Employment Lawyer.
Thank you for the information and your question. Normally, an employer may not have a hard fast restriction on employment because of a particular disability. An employer may, however, ask questions about the ability to perform specific job functions and may, with certain limitations, ask an individual with a disability to describe or demonstrate how s/he would perform these functions.For example, if reasonably related and essential to the job, the employer can have the applicant perform a physical test before a condition job offer. Otherwise, before a conditional job offer is made, there can be no requirement to pass a medical test.
So, yes, just based on the limited information that you have provided, you may very well have a claim of discrimination under the ADA. If you have not filed a complaint with the City EEO for this, you might do so. If you have already tried the City EEO office to try to resolve this, then you can file a complaint with the State. You can find out how to do that by going to the following link: https://labor.ny.gov/equal-opportunity/how-to-file-a-discrimination-claim.shtm
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Do you have a follow up question from the information I provided to you? I can't give you a legal opinion about your employment, or chance for success, at a claim because I don't have all of the facts and I am not your attorney (and cannot be because of Site rules and Bar rules). So, I can only discuss the law as it relates to your question and your options. But, with that in mind, willing to answer any clarification questions you might have.
I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 19th. For some reason, the Experts are not always getting replies or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit(paid by the Site) for our work, that the customer thinks have gone through. In your case I received neither.
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