How to Request Workplace Accommodations for Disabilities in New York

If you work in New York State or New York City and have a disability, you have the legal right to request reasonable workplace accommodations. Your employer must engage in a good-faith, interactive process and cannot deny a request without a legitimate, documented reason.

Retaliation for requesting an accommodation is illegal.

What Counts as a Disability Under New York Law?

New York provides broader disability protections than federal law, especially in New York City.

Under the New York State Human Rights Law (NYSHRL), a disability includes any physical, mental, or medical impairment that affects a major life activity. A disability can be an actual one or one that your employer regards or perceives you as having.

The New York City Human Rights Law (NYCHRL) goes even further. In NYC, a disability is interpreted liberally and independently, meaning employees are protected even if their condition is episodic, well-managed, or not outwardly visible.

You do not need to be unable to work to qualify. You only need to show that an accommodation would help you perform your job.

What Is a Reasonable Workplace Accommodation?

A reasonable accommodation is a change to the work environment or job process that allows an employee with a disability to perform essential job duties.

Common examples include:

• Modified work schedules or flexible start times
• Remote or hybrid work arrangements
• Assistive technology or ergonomic equipment
• Adjusted job duties or reassignment of nonessential tasks
• Additional breaks or rest periods
• Modified attendance policies related to disability-related needs

An accommodation does not have to be perfect or preferred. It must simply be reasonable and effective.

How Do You Request a Workplace Accommodation in New York?

You are not required to use specific legal language or submit a formal form unless your employer requires one.

Step 1: Make the Request Clear

You should inform your employer that you:

• Have a medical condition or disability
• Need an accommodation to perform your job

You do not need to disclose your diagnosis or medical history. All you need to do is explain the functional limitation and the workplace impact.

Step 2: Submit the Request in Writing (Strongly Recommended)

While verbal requests are legally valid, written requests create documentation. Email is usually sufficient.

Your request should include:

• That you are requesting a workplace accommodation
• A brief explanation of how your condition affects your work
• One or more accommodation ideas (if you have them)

Avoid oversharing medical details.

Step 3: Participate in the Interactive Process

Once you request an accommodation, your employer must engage in an interactive process under both NYS and NYC law.

This means the employer must:

• Review your request in good faith
• Discuss possible accommodations with you
• Consider alternatives if your first request is denied

There must be a discussion about the refusal if your request is denied. An employer cannot simply say “no” and not give an employee a reason why.

Can an Employer Ask for Medical Documentation?

Yes, but only under certain conditions.

Employers may request medical documentation if the disability or need for accommodation is not obvious. However:

• They may not ask for your full medical records
• They may not demand a specific diagnosis

Requests must be limited to confirming the need for accommodation

In NYC, documentation requests are closely scrutinized, and excessive demands may violate the law.

Can an Employer Deny an Accommodation Request?

An employer may deny a request only if they can show the accommodation would cause an undue hardship.

Undue hardship means significant difficulty or expense based on:

• Employer’s size
• Available resources
• Nature of the business

Cost alone is usually not enough, especially for larger employers. If one accommodation is unreasonable, the employer must still consider alternatives.

What If My Employer Ignores My Request?

Failing to respond to an accommodation request can itself be a violation of New York law. You should be concerned if your employer:

• Doesn’t respond after repeated follow-ups
• Automatically denies without discussion
• Delays the process indefinitely
• Punishes you for asking

Can I Be Retaliated Against for Requesting an Accommodation?

No. Retaliation is illegal under both NYS and NYC law.

Employers may not:

• Fire you
• Reduce your hours
• Change your duties negatively
• Discipline you
• Harass you because you requested or used an accommodation

Even subtle retaliation, such as sudden negative performance reviews, may be unlawful.

Should You Contact an Attorney?

If you need help requesting workplace accommodations New York, speak to an attorney. New York law gives employees strong, employee-friendly rights when it comes to workplace accommodations. You do not need to suffer in silence, over-explain your condition, or accept a flat denial without discussion. Employers are required to engage, consider options, and act in good faith.

If your employer refuses to accommodate you, delays the process, demands excessive medical information, or retaliates after your request, speaking with an employment law attorney can help you understand your rights and next steps. Contact Borrelli & Associates, P.L.L.C. to schedule a consultation.