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Discrimination Based Upon Military Status and Against Veterans with Disabilities

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Discrimination Based Upon Military Status and Against Veterans with Disabilities SOME EXAMPLES: HOW TO You’re looking at potential apartments and a landlord asks if you’re in the military. You tell the landlord you’re in the Reserves. The FILE A landlord then declines to rent to you. Is this unlawful? COMPLAINT It is unlawful in New York State to refuse to rent to otherwise qualified active duty military or a member of the Reserves based If you believe you have been discriminated solely upon military status. against based on your military status, you __________________________________ can file a complaint with the New York State Division of Human Rights. You return from service overseas and need to utilize a wheelchair based upon your A complaint must be filed with the disability. You cannot access your Division within one year of the alleged workstation at your place of employment as discriminatory act. the wheelchair doesn’t fit into the existing Discrimination workstation. You are otherwise qualified to To file a complaint: perform all aspects of your job responsibilities. Based Upon What rights do you have? • Visit the Division’s website, at WWW.DHR.NY.GOV, and download MILITARY Your employer has a duty to provide you with a complaint form. Completed a reasonable accommodation based upon STATUS complaints must be signed before a your disability. This means that the employer notary public, and returned to the must modify the workstation to permit you Division (by mail or in person). access, unless the employer can demonstrate And Against that providing access is an undue hardship. • Stop by a Division oce in person. __________________________________ VETERANS • Contact one of the Division’s oces, You and a group of other service members With Disabilities by telephone or by mail, to obtain a go out to a nightclub. Some, but not all, are complaint form and/or other in uniform. The bouncer denies you access, assistance in filing a complaint. claiming the nightclub is full. One hour later, ONE FORDHAM PLAZA you and your group are still waiting outside For more information or to find the regional BRONX, NEW YORK 10458 and you’ve observed a few dozen others go oce nearest to your home or place of 718-741-8400 in. Is this unlawful? employment, visit our website at: TTY: 718-741-8300 WWW.DHR.NY.GOV. WWW.DHR.NY.GOV If the nightclub denied you and your group access based upon your military status, then this would be unlawful. The Human Rights Law Many service members return with The Human Rights Law protects psychological disabilities rather than overt returning veterans with disabilities as The New York State Human Rights Law physical ones. For example, large numbers they re-enter the employment and housing prohibits discrimination based upon military of veterans returning from overseas have markets, and the Division is here to make status. Post Traumatic Stress Disorder, which is a sure that the Human Rights Law is recognized disability. strongly enforced. Additionally, the Human Rights Law has long protected persons with disabilities, including Military Status is defined as a person’s Retaliation for Filing a Complaint veterans, in employment, housing, and participation in the military service of the is Unlawful public accommodations. United States or the military service of another state, including the Armed Forces of The Human Rights Law prohibits retaliation Service Members with Disabilities the United States, the Army National Guard, for the filing of a complaint of discrimination Face Special Challenges the Air National Guard, the New York Naval or for opposing practices that are Militia, and the New York Guard. discriminatory. The Division of Human Rights helps to ensure that injured service members return Reserved Armed Forces is defined as Retaliation is also prohibited after the filing to civilian life by strictly enforcing New York’s service other than permanent, full-time of a complaint with the Division or during broad prohibition against discrimination service in the military forces of the United the time the complaint is pending. based upon disability. States, including service in the United States Army Reserve, the United States Naval Retaliation claims can be filed and New York State is among those states Reserve, the United States Marine Corps adjudicated as separate and independent expanding disability laws to aord its Reserve, the United States Air Force Reserve, complaints. constituents the broadest protection possible. and the United States Coast Guard Reserve. Service members returning from combat with Organized Militia of the State is defined disabilities may for the first time in their lives as service other than permanent, full-time experience discrimination. service in the military forces of the State of New York, including but not limited to the One example is an employer refusing to New York Army National Guard, the New York hire veterans with disabilities believing that Air National Guard, the New York Naval Militia, they’ll need more time o for doctor’s visits and the New York Guard. or will cost the company more in medical premiums. Another example is a landlord not permitting veterans with disabilities to modify their apartments to accommodate their disabilities. .
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