Retaliation for requesting an accommodation is illegal.
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.
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:
An accommodation does not have to be perfect or preferred. It must simply be reasonable and effective.
You are not required to use specific legal language or submit a formal form unless your employer requires one.
You should inform your employer that you:
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.
While verbal requests are legally valid, written requests create documentation. Email is usually sufficient.
Your request should include:
Avoid oversharing medical details.
Once you request an accommodation, your employer must engage in an interactive process under both NYS and NYC law.
This means the employer must:
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.
Yes, but only under certain conditions.
Employers may request medical documentation if the disability or need for accommodation is not obvious. However:
Requests must be limited to confirming the need for accommodation
In NYC, documentation requests are closely scrutinized, and excessive demands may violate the law.
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:
Cost alone is usually not enough, especially for larger employers. If one accommodation is unreasonable, the employer must still consider alternatives.
Failing to respond to an accommodation request can itself be a violation of New York law. You should be concerned if your employer:
No. Retaliation is illegal under both NYS and NYC law.
Employers may not:
Even subtle retaliation, such as sudden negative performance reviews, may be unlawful.
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.
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