New York AIDS and Disease laws & HR compliance analysis

New York AIDS and Disease: What you need to know

The New York Human Rights Law (NYHRL) prohibits discrimination in employment on the basis of an actual or perceived disability or a predisposing genetic characteristic (NY Exec. Law Sec. 296).
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“Disability” defined. “Disability” is defined as:
• A physical or mental impairment resulting from anatomical, physiological, genetic, or neurological conditions that prevents the exercise of a normal bodily function or is demonstrable by medically accepted techniques;
• A record of such an impairment; or
• Being regarded by others as having such an impairment.
Disability covered by the law is limited to impairments that, upon the provision of reasonable accommodations, do not prevent the individual from performing job activities in a reasonable manner.
The law applies to employers with four or more employees, including employment agencies and labor unions.
The NYHRL definition of disability is slightly broader than the federal Americans with Disabilities Act (ADA), because a condition may be demonstrable by medically accepted techniques but not rise to the level of an impairment that substantially limits a major life activity ( Menes v. City University of New York, 92 F. Supp. 2d 294 (SDNY 2000)).
Like the ADA, the NYHRL prohibits employers from basing a decision regarding hiring, promotion, compensation, discharge, or any other term or condition of employment on the knowledge or perception that a person has a disability. Employers are also prohibited from using application or testing procedures that tend to screen out applicants with disabilities and are required to offer reasonable accommodations to allow employees with disabilities to perform the essential functions of their jobs. Retaliation ...

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