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Disability Discrimination in New York: Your Rights and Protections

Disability discrimination occurs when an employer treats you unfairly because of a physical or mental impairment, your history of disability, or because the employer perceives you as disabled. In New York, you’re protected under state law that’s often broader than federal protections, including stronger reasonable accommodation requirements.

New York State Human Rights Law (NYSHRL) prohibits disability discrimination and requires employers to provide reasonable accommodations unless doing so creates undue hardship. New York’s definition of disability is broader than the federal Americans with Disabilities Act (ADA), covering more conditions and providing stronger protections for workers with disabilities.

Why This Matters in New York

Disability discrimination affects millions of American workers. Many face bias, denied accommodations, or termination simply because employers don’t understand their legal obligations or act on stereotypes about disabled workers’ capabilities.

New York’s protections matter because:

Broader disability definition: NYSHRL protects more conditions than the ADA, including some impairments that don’t “substantially limit” major life activities under federal law.

Proactive accommodation duty: New York employers must engage in an interactive process to identify reasonable accommodations, even if you don’t specifically request one.

Stronger enforcement: New York courts interpret accommodation requirements more broadly than some federal courts, providing better protection.

Longer filing deadline: You have three years to file under NYSHRL versus 300 days under the ADA, giving you significantly more time.

Small employer coverage: NYSHRL covers employers with 4+ employees, while ADA requires 15+.

Understanding these protections helps you recognize when your rights are violated and take action to enforce them.

What Is Disability Under NYSHRL?

NYSHRL defines disability broadly as any physical, mental, or medical impairment resulting from anatomical, physiological, genetic, or neurological conditions that prevents you from exercising normal bodily functions or is demonstrable by medically accepted clinical or laboratory techniques.

This includes:

Physical disabilities: Conditions affecting mobility, dexterity, vision, hearing, or other physical functions. Examples include paralysis, amputation, blindness, deafness, arthritis, back injuries, chronic pain, and mobility impairments.

Mental health conditions: Psychiatric disabilities and cognitive impairments. Examples include depression, anxiety disorders, PTSD, bipolar disorder, schizophrenia, and other mental illnesses.

Chronic illnesses: Ongoing medical conditions that may limit certain activities. Examples include diabetes, epilepsy, HIV/AIDS, cancer, heart disease, kidney disease, and autoimmune disorders.

Learning disabilities: Conditions affecting learning, reading, writing, or processing information. Examples include dyslexia, ADHD, and other learning differences.

Sensory disabilities: Impairments affecting sight, hearing, or other senses.

Temporary disabilities: Short-term conditions that substantially limit major activities during their duration, such as recovery from surgery or serious injuries.

Perceived disabilities: Conditions your employer treats as disabilities even if they don’t actually substantially limit you, or conditions that might not meet the technical definition but your employer discriminates against you based on perceived limitations.

History of disability: Past disabilities, even if you’ve recovered. Employers cannot discriminate based on your medical history.

Conditions That May Qualify Under NYSHRL But Not ADA

New York law may protect some conditions federal law doesn’t clearly cover:

Pregnancy-related complications: While pregnancy itself isn’t a disability, pregnancy-related medical conditions (gestational diabetes, preeclampsia, severe morning sickness requiring accommodation) may qualify.

Obesity: New York courts have found morbid obesity can constitute a disability under NYSHRL.

Lactose intolerance and food allergies: Severe cases requiring workplace accommodation may qualify.

Temporary substantial limitations: Conditions that substantially limit major activities for shorter periods may receive protection under New York law’s broader interpretation.

What Is Disability Discrimination?

Disability discrimination includes any adverse employment action based on your disability rather than your ability to perform the job.

Forms of Disability Discrimination

Refusal to hire: Rejecting qualified applicants because of their disability, even when they can perform essential job functions with or without reasonable accommodation.

Wrongful termination: Firing employees because of their disability or because they request reasonable accommodations.

Denial of promotion: Passing over qualified disabled employees for advancement based on disability-related stereotypes or assumptions.

Compensation discrimination: Paying disabled workers less than non-disabled workers doing the same job.

Harassment: Creating a hostile work environment through disability-based insults, mockery, or other harassing conduct.

Denial of reasonable accommodation: Refusing to provide reasonable accommodations that would allow you to perform your job, unless doing so creates undue hardship.

Failure to engage in interactive process: Refusing to discuss accommodation options or engage in good-faith dialogue about how to accommodate your disability.

Segregation: Isolating disabled workers in separate work areas or limiting their interaction with colleagues or customers based on disability.

Medical exam discrimination: Requiring medical examinations that aren’t job-related and consistent with business necessity, or using medical information to discriminate.

Real-World Disability Discrimination Examples

Accommodation denial for diabetes: A warehouse worker with diabetes requests permission to check his blood sugar and keep snacks at his workstation. His employer refuses, saying “everyone follows the same break rules.” He later experiences a diabetic emergency at work and is fired for “health and safety concerns.” This violates NYSHRL’s accommodation requirements.

Mental health stigma termination: An employee discloses she’s being treated for depression and anxiety. Her supervisor begins excluding her from client meetings, saying clients might view her as “unstable.” When she complains, she’s fired for “not being a good fit.” This constitutes disability discrimination based on mental health stigma.

Cancer treatment discrimination: An employee undergoing chemotherapy requests a modified schedule to attend treatment. Her employer initially agrees but becomes frustrated with her absences and fires her, hiring a non-disabled replacement. Despite the employee’s strong performance and ability to perform essential functions, the termination was based on disability-related absences.

Perceived disability discrimination: An employee injured his back years ago but fully recovered. His employer, noticing the old injury in his medical file, assumes he “can’t handle” physical aspects of the job and refuses to promote him to a supervisory role that actually involves minimal physical work. This discrimination based on perceived disability violates NYSHRL.

Pregnancy complication accommodation failure: A pregnant employee develops gestational diabetes requiring frequent blood sugar monitoring and snack breaks. Her employer refuses accommodation, stating “pregnancy isn’t a disability.” While pregnancy alone isn’t a disability, pregnancy-related medical conditions requiring accommodation may qualify under NYSHRL.

Deaf employee communication barriers: A deaf employee requests a sign language interpreter for weekly staff meetings critical to her job performance. The employer refuses, saying it’s “too expensive,” without analyzing whether the cost actually creates undue hardship. This accommodation denial violates NYSHRL.

PTSD accommodation: A military veteran with PTSD requests a workspace away from loud machinery that triggers his symptoms. The employer refuses without exploring alternatives, claiming “we can’t give special treatment.” Reasonable accommodation for PTSD is required under NYSHRL.

Learning disability test accommodation: An employee with dyslexia requests additional time for written assessments required for a promotion. The employer denies the request, saying “the test measures real-world performance.” This fails to accommodate a documented learning disability.

Arthritis ergonomic denial: An employee with severe arthritis requests an ergonomic keyboard and adjustable desk to reduce pain while working. The employer refuses, saying “we don’t customize workspaces.” These relatively inexpensive accommodations likely don’t create undue hardship.

HIV status discrimination: An employer learns an employee is HIV-positive through medical forms. Despite the employee’s excellent performance and no job-related limitations, the employer fires him, claiming “clients might be uncomfortable.” This violates disability discrimination protections for people with HIV/AIDS.

Epilepsy safety pretext: An employee with controlled epilepsy (no seizures in 5 years with medication) applies for an office position. The employer rejects her, citing “safety concerns,” despite the job involving no safety-sensitive duties. This discriminates based on disability history and stereotypes.

Obesity-based termination: An employee with morbid obesity (which New York courts have recognized as potentially constituting a disability) is fired after her employer decides she doesn’t project the “right image” for client-facing work. This appearance-based decision rooted in obesity may violate NYSHRL.

Chronic fatigue discrimination: An employee with chronic fatigue syndrome requests work-from-home options two days per week to manage her condition. Despite successfully working remotely during COVID-19, the employer denies the request post-pandemic, claiming “everyone must be in the office.” This denies reasonable accommodation without showing undue hardship.

Depression medication side effects: An employee taking medication for depression experiences drowsiness in the early morning. She requests a 10 AM start time instead of 8 AM (flexible scheduling common in her role). Her employer refuses and then fires her for “excessive lateness” when she struggles to arrive by 8 AM. This fails to accommodate her disability.

Autism spectrum accommodation: An employee on the autism spectrum requests written instructions instead of verbal-only directions and permission to use noise-canceling headphones in the open office. The employer refuses, claiming it would be “disruptive” without any analysis. These simple accommodations likely don’t create undue hardship.

Reasonable Accommodation: Your Right to Workplace Adjustments

NYSHRL requires employers to provide reasonable accommodations that allow you to perform essential job functions unless doing so creates undue hardship.

What Is Reasonable Accommodation?

Reasonable accommodation is any modification or adjustment to a job, work environment, or the way things are customarily done that enables you to perform your job despite your disability.

Common accommodations include:

  • Modified work schedules (later start times, flexible hours, part-time schedules)
  • Work-from-home or hybrid remote arrangements
  • Leave of absence for treatment or recovery
  • Modified duties or reassignment of marginal (non-essential) job functions
  • Assistive technology (screen readers, speech recognition software, ergonomic equipment)
  • Physical workspace modifications (accessible entrances, adjustable desks, modified lighting)
  • Modified break schedules (for medical needs like blood sugar checks, medication)
  • Service animals or emotional support animals (where reasonable)
  • Sign language interpreters or other communication assistance
  • Written instructions instead of verbal-only (for learning disabilities or hearing impairments)
  • Quiet workspace or noise-canceling accommodations (for sensory sensitivities)
  • Modified dress code (for medical devices or religious/disability-related needs)

The Interactive Process

New York law requires employers to engage in an “interactive process” with you to identify effective reasonable accommodations.

How it should work:

  1. You request accommodation: You inform your employer you need accommodation due to a disability. You don’t need to use legal terms, just communicate that you need an adjustment due to a medical condition.

  2. Employer investigates: Your employer may ask for medical documentation confirming your disability and need for accommodation. Requests must be limited to information necessary to verify your disability and functional limitations.

  3. Interactive dialogue: You and your employer discuss your limitations, essential job functions, and potential accommodations. This should be a good-faith conversation exploring options.

  4. Identify accommodation: Together you identify effective accommodations that allow you to perform essential functions without creating undue hardship.

  5. Implementation: Your employer implements the accommodation and monitors whether it’s effective.

  6. Ongoing process: If circumstances change or the accommodation proves ineffective, the interactive process continues.

What Is Undue Hardship?

Employers must provide reasonable accommodation unless it creates “undue hardship”—significant difficulty or expense considering the employer’s size, resources, and business nature.

Factors courts consider:

  • Cost of the accommodation
  • Employer’s overall financial resources
  • Impact on business operations
  • Size of the workforce
  • Type of business and operations

High bar for undue hardship: Simply claiming an accommodation is expensive or inconvenient isn’t enough. Employers must show genuine significant difficulty or expense relative to their resources.

Examples that typically don’t meet undue hardship:

  • Ergonomic equipment costing $1,500 for a profitable company
  • Modified work schedule that other employees already use
  • Work-from-home arrangements proven feasible during COVID-19
  • Allowing service animals or minor policy exceptions
  • Providing written communications instead of verbal-only

Examples that might constitute undue hardship:

  • Accommodation requiring fundamental alteration of business operations
  • Creating a completely new position that doesn’t exist
  • Accommodation that would endanger other employees
  • Costs that are genuinely excessive relative to employer’s resources and would threaten business viability

Interactive Process Failures

Many disability discrimination cases involve employer failures in the interactive process.

Refusing to discuss accommodation: An employee requests accommodation for anxiety disorder. HR refuses to meet with her, saying “just give us a doctor’s note and we’ll decide.” This fails to engage in the required interactive dialogue.

Demanding excessive medical information: An employee requests a standing desk for back pain. The employer demands complete medical records including information about unrelated conditions. This overly broad medical inquiry violates privacy protections.

Unilaterally deciding “no accommodation is possible”: An employee with lupus requests modified scheduling to avoid sun exposure during her commute. Without discussing alternatives, the employer responds “we can’t do that.” This fails to engage in good-faith exploration of options.

Ignoring obvious accommodations: An employee requests work-from-home as an accommodation for mobility impairment. The employer refuses despite the employee successfully working remotely during COVID-19, proving the accommodation is feasible. This bad-faith refusal violates NYSHRL.

Retaliating for accommodation requests: An employee requests accommodation for a mental health condition. Her supervisor begins criticizing her performance and eventually fires her. Retaliation for requesting accommodation is separately illegal.

NYSHRL vs. ADA: Key Differences for Disability Discrimination

New York law provides broader protections than federal law in several respects.

Factor NYSHRL (New York) ADA (Federal)
Employer size 4+ employees 15+ employees
Disability definition Broader, more conditions covered Narrower, requires substantial limitation
Filing deadline 3 years 300 days
Damages Unlimited compensatory and punitive Capped based on employer size
Interactive process Strongly emphasized, proactive duty Required but less emphasized
Interpretation Generally more employee-friendly Increasingly restrictive federal courts

Strategic Implications

Small employer coverage: A 10-person company refuses to accommodate an employee’s disability. NYSHRL applies; ADA doesn’t (requires 15+ employees).

Broader disability definition: Conditions that may not “substantially limit major life activities” under strict ADA interpretation might still qualify under NYSHRL’s broader definition.

Extended deadline: An employee terminated due to disability takes 18 months to consult attorneys and file a complaint. The ADA deadline has passed, but NYSHRL’s three-year deadline protects her.

Unlimited damages: Severe disability discrimination causes major emotional distress and career destruction. A jury awards $700,000 in compensatory damages. Under NYSHRL, the plaintiff recovers the full amount. Under ADA, damages are capped based on employer size.

How to Prove Disability Discrimination

Proving disability discrimination typically requires showing:

  1. You have a disability under NYSHRL’s definition
  2. Your employer knew about your disability
  3. You can perform essential job functions with or without reasonable accommodation
  4. You suffered an adverse action (firing, demotion, denial of accommodation, etc.)
  5. Your disability motivated the adverse action

Types of Evidence

Medical documentation: Records confirming your diagnosis, functional limitations, and need for accommodation.

Requests for accommodation: Written requests you made and your employer’s responses (or lack thereof).

Disability-based comments: Statements revealing bias, such as concerns you’re “unreliable due to health issues” or questioning your ability to “keep up.”

Comparator evidence: Similarly situated non-disabled employees who were treated better.

Temporal evidence: Adverse actions occurring shortly after disclosing your disability or requesting accommodation.

Interactive process failure: Documentation of your employer’s failure to engage in good-faith dialogue about accommodation.

Pretext evidence: Showing your employer’s stated reason for the adverse action is false or not the real reason.

What to Do If You’re Experiencing Disability Discrimination

1. Request accommodation in writing: Put your request in writing, identifying your disability and needed accommodation. Keep copies of all communications.

2. Provide necessary medical documentation: Cooperate with reasonable requests for medical verification, but don’t provide more information than necessary to confirm your disability and functional limitations.

3. Participate in the interactive process: Engage in good-faith dialogue about accommodation options. Document all meetings and discussions.

4. Document everything: Keep records of accommodation requests, denials, discriminatory comments, and evidence of discrimination.

5. Report internally: If discrimination occurs, follow your employer’s complaint procedures. File written complaints with HR.

6. Preserve medical records: Keep all medical documentation supporting your disability and need for accommodation.

7. Consult an employment attorney: Attorneys can help you navigate the accommodation process, recognize when your rights are violated, and take appropriate legal action.

8. File a complaint: If accommodation is denied or discrimination occurs, file with the New York State Division of Human Rights (NYSDHR) or the Equal Employment Opportunity Commission (EEOC). You have three years under NYSHRL but only 300 days under the ADA.

For information about the filing process, see filing an NYSDHR complaint.

Common Questions About Disability Discrimination

Do I have to disclose my disability to my employer?

If you need reasonable accommodation, you must inform your employer about your disability and need for accommodation. You don’t need to disclose your specific diagnosis, just enough information to establish you have a disability requiring accommodation.

Can my employer require a medical examination?

Only if the exam is job-related and consistent with business necessity. Pre-employment exams are prohibited until after a conditional job offer. Your employer can request medical documentation to verify your disability and need for accommodation.

What if my employer says they can’t afford the accommodation?

Cost alone rarely constitutes undue hardship. Your employer must show the accommodation would create significant expense relative to their resources and operations. Many accommodations cost little or nothing.

Can I be fired for taking disability-related leave?

No, if the leave is a reasonable accommodation. Your employer cannot fire you for taking leave that’s a necessary accommodation for your disability, unless your absence creates undue hardship.

What if I can’t perform all job duties due to my disability?

You must be able to perform essential job functions with or without reasonable accommodation. If marginal (non-essential) functions are impossible, your employer may need to reassign those tasks as a reasonable accommodation.

Does workers’ compensation prevent me from claiming disability discrimination?

No. You can pursue both workers’ compensation benefits and a disability discrimination claim if your employer discriminates based on your work-related injury.

Can my employer ask about my disability in an interview?

Before making a job offer, employers cannot ask about disabilities or medical conditions. After a conditional offer, they can require medical exams if job-related and required of all candidates for the position.

What if my disability prevents me from doing my current job but I could do a different job?

Reassignment to a vacant position may be a reasonable accommodation if you can no longer perform your current role even with accommodation. Your employer must consider reassignment unless it creates undue hardship.

Related Topics

Legal Disclaimer

This guide provides general information about disability discrimination under New York State Human Rights Law. It is not legal advice and does not create an attorney-client relationship. Disability discrimination law is complex and highly fact-specific. Your situation may involve unique circumstances affecting your rights.

For advice about your specific situation, consult a qualified New York employment attorney. Many offer free consultations and work on contingency, meaning you pay nothing unless you recover damages.

Time limits apply to discrimination claims. Don’t delay in seeking legal help.

Sources and Additional Resources: