Navigating the Complexities of Disability Accommodations in New York Employment

Disability accommodations are meant to ensure that everyone has a fair chance to succeed at work.

For many employees in New York, though, the process of asking for or receiving reasonable accommodations accommodations can feel confusing and intimidating. You might worry that your employer will see you differently, that your request will be denied, or that standing up for your rights could put your job at risk.

Understanding how disability accommodations work and what the law requires can make a difficult process more manageable.

Understanding Your Rights Under the Law

In New York, both federal and state laws protect employees with disabilities.

The Americans with Disabilities Act (ADA) sets the national standard, requiring employers with 15 or more employees to provide reasonable accommodations for qualified workers with disabilities.

In addition, New York State Human Rights Law and the New York City Human Rights Law go even further, offering broader protections and covering smaller employers.

Under these laws, you have the right to ask for reasonable accommodations that allow you to perform your essential job duties. This might include modified work hours, assistive technology, ergonomic equipment, or the option to work remotely.

The keyword is “reasonable.”

Employers must accommodate unless doing so would cause significant difficulty or expense for the business.

How to Request an Accommodation

There’s no special form or exact wording required to ask for an accommodation. You can make your request verbally or in writing. Putting it in writing is often the better choice because it creates a record of your request and what was discussed. You don’t have to disclose every detail of your medical condition, but you do need to provide enough information to show that you have a disability and need an adjustment to perform your job.

After your request, your employer should begin what’s called an “interactive process.” This is a good-faith conversation between you and your employer to identify what accommodation will work best.

Sometimes the process is straightforward, but other times there may be back-and-forth discussion, documentation requests, or trials of different solutions. The law requires your employer to take this process seriously and to respond in a timely, cooperative manner.

Common Issues Employees Face

Even with strong legal protections, employees often encounter challenges. Some employers drag their feet or dismiss requests without real consideration. Others may subtly change an employee’s duties or reduce their hours after they ask for help. These actions can amount to disability discrimination or retaliation, both of which are illegal under New York law.

You might also face confusion if your employer claims your accommodation request isn’t “reasonable.” Sometimes this is true. For example, if the change would fundamentally alter the business, but other times it’s simply a misunderstanding of what the law requires.

In these cases, documentation and clear communication become crucial.

What to Do If Your Request Is Denied

If your employer refuses your accommodation or retaliates against you for asking, you have options. You can file a complaint with the New York State Division of Human Rights, the New York City Commission on Human Rights, or the Equal Employment Opportunity Commission (EEOC). Each agency can investigate your claim and, if necessary, take legal action on your behalf.

Moving Forward

Requesting a disability accommodation should never put your career at risk. If your employer fails to engage in the process or treats you unfairly because of your disability, you don’t have to handle it alone.

If you believe your rights have been violated, contact Borrelli & Associates, P.L.L.C. Our team helps New York employees protect their rights, navigate complex employment issues, and ensure that the workplace remains fair and accessible to everyone.