cara e. greene
melissa e. pierre-louis
gregory s. chiarello

family responsibilities & disability discrimination practice group

Attorneys for Employees Subjected to Pregnancy, Family Responsibilities, or Disability Discrimination

Outten & Golden attorneys have decades of experience representing employees who have disabilities and need reasonable accommodations in the workplace, and employees who need to take leaves of absence because of pregnancy, medical conditions, or caregiving responsibilities. We believe that employment decisions should be based on what people can do and not based on perceptions about what they cannot do.

Disability Discrimination is Illegal

We are experts on the federal Americans with Disabilities Act of 1990 (“ADA”) and state and city laws that protect individuals with disabilities from discrimination in the workplace. Our lawyers are experienced with the complex issues surrounding whether employees have disabilities under the legal definition; whether they are entitled to accommodations for their disabilities and, if so, what accommodations; and whether, taking their disabilities into account, they are qualified to do particular jobs. We also have experience proving that employers discriminated against employees based on myths, fears, and stereotypes about their disabilities.

Disability discrimination takes various forms, some subtle and some more overt. Common examples include:

  • Failing to provide reasonable accommodations so that an employee with physical limitations can perform his or her job
  • Refusing to hire a qualified applicant because of a perceived disability
  • Not allowing injured or ill employees who take approved medical leaves of absence to return to their previous positions
  • Asking job applicants questions about their health or medical status
  • Allowing harassment of a disabled employee to continue despite complaints

Discrimination Based on Pregnancy or Certain Leaves of Absence is Illegal

We are dedicated to fighting all forms of discrimination and retaliation against pregnant women and other employees who take family, medical, or other leaves of absence. We have successfully negotiated, mediated, and litigated many pregnancy and family responsibility discrimination and retaliation matters involving:

  • Family, medical, and other leaves of absence
  • Pregnancy, motherhood, and parental discrimination
  • Stereotyping
  • Retaliation

We Adopt the Best Strategy for Each Client's Circumstances

While we prefer to negotiate a reasonable settlement to get a client back to work or obtain fair compensation if a return to the position is impossible, we do not hesitate to litigate on behalf of our clients when that is the best strategy. As one of the largest employee-side employment law firms in the United States, we have the resources and experience to advocate effectively for employees at all levels of the judicial system. 

(Prior results do not guarantee a similar outcome.)