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Disability

Disability Accommodation at Work: What New York Employers Must Provide

New York employers are required to provide reasonable accommodations for employees with disabilities. Learn what qualifies as a disability, what accommodations you can request, and what to do when your employer refuses.

8 min read
·Written by Sean O'Hara, Employment Attorney

What Qualifies as a Disability?

Under the Americans with Disabilities Act (ADA), a disability is a physical or mental impairment that substantially limits one or more major life activities. The ADA Amendments Act of 2008 broadened the definition significantly — conditions including cancer, diabetes, epilepsy, PTSD, depression, anxiety disorders, and many others qualify.

Under the New York City Human Rights Law, the definition is even broader: any physical, medical, mental, or psychological impairment, or a history of such impairment. The NYCHRL does not require that the impairment substantially limit a major life activity — it is enough that the employer perceives you as having an impairment.

What Is a Reasonable Accommodation?

A reasonable accommodation is any modification to the job, work environment, or the way work is performed that enables a qualified employee with a disability to perform the essential functions of the job. Examples include: modified work schedules, remote work, reassignment to a vacant position, leave of absence, modified equipment or technology, and changes to workplace policies.

An accommodation is not reasonable if it would impose an undue hardship on the employer — a significant difficulty or expense. Undue hardship is assessed based on the employer's size, financial resources, and the nature of the accommodation. Large employers face a higher bar for claiming undue hardship.

The Interactive Process

When you request an accommodation, your employer is required to engage in a good-faith interactive process — a dialogue to identify an effective accommodation. Your employer cannot simply deny your request without exploring alternatives. If your employer fails to engage in the interactive process, that failure itself may be an independent violation of the law.

You are not required to use magic words like 'reasonable accommodation' or 'ADA.' Any communication that puts your employer on notice that you have a medical condition and need an adjustment to your work is sufficient to trigger the interactive process.

What to Do If Your Employer Refuses

Document your accommodation request and your employer's response in writing. If your employer denies your request, ask for the reason in writing. If your employer fails to engage in the interactive process or denies a reasonable accommodation without justification, you may have a disability discrimination claim.

Under the NYCHRL, you have three years to file. Under the ADA, you generally have 300 days to file with the EEOC. Contact an employment attorney promptly — disability accommodation cases often turn on the specific facts of the interactive process, and the evidence is strongest when it is fresh.

Disclaimer: This guide is for general informational purposes only and does not constitute legal advice. Reading this material does not create an attorney-client relationship. Laws change; consult an attorney about your specific situation.

Have a Specific Situation?

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