Your Right to Reasonable Accommodation at Work

October is National Disability Employment Awareness Month, a time to recognize what workers with disabilities contribute and to make sure they know the law protects their right to keep contributing.

October is National Disability Employment Awareness Month (NDEAM), and this year’s theme is “Celebrating Value & Talent.” It is a message worth repeating. Workers with disabilities bring skill, judgment, and drive to their jobs every day.

But celebrating talent means very little if that talent is not allowed to show up. In our practice, we hear from capable employees who did everything right. They disclosed a disability, asked for a reasonable change at work, and were met with silence, delay, or a sudden wave of criticism.

This month is a good time to talk about what the law actually guarantees. If you are a worker with a disability in New York, you have real rights, and those rights are stronger than many employers acknowledge.

What Is a Reasonable Accommodation?

A reasonable accommodation is a change to the job, the schedule, or the work environment that allows a person with a disability to do the essential functions of their position. It is not a favor or a perk. It is a legal right.

Accommodations are often simple and inexpensive. Common examples include:

• A modified or flexible work schedule
• Time off for treatment, therapy, or recovery
• Remote or hybrid work
• Ergonomic equipment, assistive technology, or a different workstation
• Adjusted duties or the reassignment of marginal tasks
• Reassignment to a vacant position the employee is qualified for

The right accommodation depends on the person and the job. That is exactly why the law requires employers to talk with employees, not decide for them.

If your condition is a mental health condition, we cover disclosure, medical documentation, and remote work in more depth in You Don’t Have to Choose Between Your Mental Health and Your Job.

Disability Is Broader Than Most People Think

Many workers never ask for an accommodation because they do not think of themselves as disabled. The legal definition is much wider than the everyday one.

Under the ADA, a disability is a physical or mental impairment that substantially limits one or more major life activities. Since Congress amended the ADA in 2008, that standard must be applied broadly. Major life activities include walking, seeing, hearing, lifting, sleeping, and concentrating. They also include the operation of major bodily functions, such as the immune, digestive, neurological, and endocrine systems.

As a result, conditions like these often qualify:

• Cancer, including periods of treatment and remission
• Diabetes, epilepsy, and multiple sclerosis
• Heart disease and autoimmune disorders such as lupus and Crohn’s disease
• Long COVID
• Back injuries and chronic pain conditions
• Hearing and vision impairments
• Complications related to pregnancy

Two rules matter here. First, a condition that is episodic or in remission still counts if it would be limiting when active. Second, the effect of medication or treatment is ignored when deciding whether you have a disability. An employee whose seizures are controlled by medication is still protected.

New York law reaches further. The NYSHRL covers any impairment that can be shown through medically accepted clinical or laboratory techniques, with no requirement of a substantial limitation. The NYCHRL is broader still.

The law also protects you if your employer knows of a past condition, or if your employer treats you as disabled based on its own perception, whether or not that perception is accurate.

What the Law Requires in New York

New York workers are protected by three overlapping layers of law. Each one adds something.

The Americans with Disabilities Act (ADA). The federal ADA applies to employers with 15 or more employees. It prohibits disability discrimination and requires employers to provide reasonable accommodations unless doing so would cause an undue hardship.

The New York State Human Rights Law (NYSHRL). The state law covers employers of every size, so even very small workplaces must comply. Its definition of disability is broader than the federal one.

The New York City Human Rights Law (NYCHRL). For people who work in the five boroughs, the City law is among the most protective in the country. It defines disability broadly and is meant to be interpreted in favor of workers. Employers must engage in a good-faith “cooperative dialogue” with any employee who requests an accommodation, and they must give the employee a written final decision. Failing to have that conversation can be a violation on its own, separate from whether an accommodation was ultimately denied.

Under all three laws, asking for an accommodation is protected. An employer cannot punish you for making the request.

Undue Hardship Is a High Bar

Employers often deny requests by calling them too burdensome. The law does not make that easy. Under the ADA, undue hardship means significant difficulty or expense, measured against the employer’s size, resources, and operations. Inconvenience, a manager’s preference, or a worry that coworkers will want the same thing does not qualify.

Under the NYCHRL, the employer carries the burden of proving undue hardship. The employee does not have to prove the accommodation was easy.

Even when one accommodation truly would be an undue hardship, the employer must consider alternatives. Rejecting one option is not the end of the conversation.

Your Rights Start Before You Are Hired

Disability protections apply from the first application. Before making a job offer, an employer generally cannot ask whether you have a disability, ask about your medical history, or require a medical exam. It may ask whether you can perform the job’s essential functions, with or without an accommodation.

After a conditional offer, an employer may require a medical exam only if every new hire in that job category takes the same exam. It cannot withdraw the offer based on the results unless the reason is job-related and consistent with business necessity.

You are also entitled to accommodations during the hiring process itself. That can mean an accessible interview location, extra time on a test, or a sign language interpreter.

Protection for Caregivers and Family Members

Disability discrimination does not only affect workers with disabilities. The ADA prohibits discrimination against an employee because of their relationship with someone who has a disability. Think of a parent raising a child with a disability, or a spouse supporting a partner through cancer treatment.

The NYCHRL goes further by protecting caregiver status directly. An employer in New York City cannot treat you worse because you care for a family member with a disability.

These laws protect you from discrimination, but they generally do not require your employer to adjust your schedule around a family member’s needs. The FMLA and New York Paid Family Leave may provide protected time off to care for a family member with a serious health condition.

Warning Signs Your Rights Are Being Ignored

Disability discrimination is rarely announced. More often, it shows up as a pattern. Pay attention if you experience any of the following after disclosing a disability or asking for an accommodation:

• Your request goes unanswered for weeks, or HR keeps asking for “more information” without ever deciding
• Your request is denied with no conversation about alternatives
• You are told an accommodation is “not fair to the rest of the team”
• Your manager starts documenting performance problems that were never raised before
• You are moved to a worse shift, stripped of responsibilities, or left out of meetings
• You are pressured to take unpaid leave or resign instead of being accommodated
• You are disciplined or terminated soon after making the request

Timing matters. When negative treatment follows closely on a request, that sequence can be powerful evidence.

What You Should Do

You do not need special words to ask for help, and asking should never cost you your job. Still, a few habits make a real difference if things go wrong later.

Put your request in writing. An email to your manager or HR is enough. State that you have a medical condition and describe the change you need. You do not have to use the words “reasonable accommodation.”

Keep copies of everything. Save your request, every response, and any documentation you provide. Store copies somewhere other than your work computer or work email.

Keep a timeline. Write down dates, who was present, and what was said while it is fresh. If write-ups, schedule changes, or a sudden performance plan follow your request, note exactly when they started.

Stay engaged in the conversation. Respond to reasonable requests for information and consider alternatives in good faith. A record showing you cooperated matters.

Do not resign without legal advice. If conditions have become intolerable since you asked for help, you may have a constructive discharge claim. Talk to an attorney before you leave.

Know your deadlines. Under the NYSHRL, as of February 2024, you have three years to file a complaint for discrimination claims. Under the NYCHRL, you have three years to file a lawsuit in court. Under the ADA, you have 300 days to file with the EEOC. The clock starts when the violation occurs.

Your Talent Is Not the Problem. Their Failure to Accommodate Is.

NDEAM celebrates what workers with disabilities contribute. The law goes further: it requires employers to make room for that contribution. When employers fail to do so, workers have the right to hold them accountable.

At Dolce Law PLLC, we are proud to advocate for workers with disabilities across New York. We represent employees who have been denied accommodation, discriminated against, or retaliated against because of a disability, and we treat every case as if it is headed to trial. We handle most cases on a contingency fee basis, meaning you owe us nothing unless we recover for you.