New York ADA Attorney

Disability Discrimination & Reasonable Accommodation Claims for New York Employees

Schwartz Perry & Heller LLP represents employees throughout New York City who face disability discrimination, denial of reasonable accommodations, and retaliation in the workplace. Founded in 1949 and one of the first firms in New York to focus on employment law, we bring over 100 years of collective attorney experience to every ADA and disability discrimination matter we handle. Our landmark employment law cases have shaped New York law, and our attorneys are regularly cited by courts and the media on questions of where human rights protections apply and where they should go next.

New York employees facing disability-based workplace issues have three overlapping sources of protection: the federal Americans with Disabilities Act, the New York State Human Rights Law, and the New York City Human Rights Law. Which law applies, which agency to file with, and which strategy maximizes potential recovery are decisions that materially affect outcomes. The right approach depends on the specific facts of each situation.

If you’re facing disability discrimination or a denied accommodation at work, contact our New York disability act attorneys at Schwartz Perry & Heller LLP. Call (646) 490-0221 or connect with us online to schedule a consultation.

Three Laws That Protect New York Employees with Disabilities

The federal ADA applies to private employers with 15 or more employees, state and local governments, employment agencies, and labor unions. It prohibits discrimination in hiring, firing, promotion, compensation, job training, and all other terms and conditions of employment, and it requires covered employers to provide reasonable accommodations to qualified individuals with disabilities. New York State and New York City law expand on that federal baseline in significant ways, and understanding the differences is important to building a strong claim.

New York State Human Rights Law
As of February 8, 2020, the New York State Human Rights Law prohibits all employers from making disability-based employment decisions, regardless of size. State law also covers a broader range of conditions than the federal ADA.

New York City Human Rights Law
The NYC Human Rights Law covers employers with four or more employees and, as of January 11, 2020, extends protections to independent contractors. A key distinction: under city law, the burden of proof shifts to the employer to demonstrate that the employee’s disability prevented performance of essential job functions with or without reasonable accommodation. The NYC Commission on Human Rights actively enforces anti-discrimination mandates across all five boroughs.

Why the Layered Framework Matters
New York state and city laws provide uncapped compensatory and punitive damages, unlike federal ADA claims, which cap damages based on employer size. Employees can pursue claims under multiple laws simultaneously, and an experienced disability act attorney in New York can identify which forum and filing strategy may best position a case for recovery.

The ADA Claims Process in New York

An ADA or disability discrimination claim in New York typically begins with a consultation and case evaluation. Our attorneys assess which federal, state, or local statute applies to your situation, review the facts for qualifying conduct, and advise on the appropriate filing forum. Depending on your circumstances, that may be the EEOC, the NYC Commission on Human Rights, the New York State Division of Human Rights, or directly in federal or state court without going through an administrative agency at all.

Filing Deadlines You Need to Know

Deadlines in ADA and disability discrimination matters are strict, and missing them can forfeit your claim. In New York, the EEOC filing deadline is 300 calendar days from the discriminatory act, because New York has a state enforcement agency. Complaints with the NYC Commission on Human Rights must be filed within one year of the violation. For complaints with the New York State Division of Human Rights, the deadline is one year for incidents before February 15, 2024; for incidents on or after that date, amended state law extends the filing period to three years. After receiving a right-to-sue letter from the EEOC, you have 90 days to file a federal lawsuit.

Building Your Case

Our attorneys work with clients to gather the evidence that makes ADA claims viable: written accommodation requests and employer responses, medical documentation, emails and other communications referencing the disability, performance records before and after disclosure, and witness statements. A key area of focus is the interactive process, the required good-faith discussion between employee and employer to identify effective accommodations. An employer’s failure to engage that process in good faith is itself an ADA violation, regardless of whether an accommodation was ultimately provided.

We assist with every stage of filing: submitting paperwork to the correct agency, meeting all applicable deadlines, and representing clients in mediation, hearings, and litigation. Our team provides consistent updates and transparency throughout.

What ADA Violations Look Like in New York Workplaces

Disability discrimination doesn’t always announce itself. Understanding what employer conduct creates legal liability helps employees recognize when they may have a claim.

Failure to Accommodate
The most common ADA violation is an employer’s failure to provide reasonable accommodations. This includes ignoring accommodation requests outright, demanding excessive or burdensome medical documentation, indefinitely delaying decisions, or going through the motions of the interactive process without genuine effort to find workable solutions.

Adverse Employment Actions
Termination, demotion, denial of promotion, reduced hours, exclusion from training or advancement opportunities, and unfairly negative performance reviews can all constitute disability discrimination when the underlying motivation is an employee’s disability or perceived disability.

Retaliation
Retaliation occurs when an employer takes adverse action because an employee requested an accommodation, filed a complaint, participated in an investigation, or opposed discriminatory practices. Retaliation claims are separate from underlying discrimination claims and can be pursued even when the original discrimination claim does not succeed.

Red flags include adverse actions closely following an accommodation request or disability disclosure, sudden discipline for conduct previously tolerated, and comments suggesting disability-based assumptions about what an employee can or cannot do. Under NYC law, the burden falls on the employer to show the employee couldn’t perform essential job functions with or without accommodation.

Damages Available to New York Employees

Employees who prevail on ADA and disability discrimination claims in New York can recover several categories of damages. Under the federal ADA, available remedies include back pay for lost wages, front pay for future earnings, compensatory damages for emotional distress, reinstatement, and in cases involving reckless disregard for employee rights, punitive damages. Courts can also require the employer to pay the employee’s attorney fees. Federal ADA damage caps range from $50,000 for employers with fewer than 101 employees to $300,000 for employers with more than 500 employees.

New York state and city law eliminate those caps entirely. Uncapped compensatory and punitive damages are available under both the New York State Human Rights Law and the NYC Human Rights Law, making them important supplements or alternatives to federal ADA claims in cases with significant harm. Pursuing claims under multiple laws simultaneously is often a strategy that may maximize recovery, and our attorneys evaluate that question from the outset of every engagement.

Why New York Employees Choose Schwartz Perry & Heller LLP

Founded in 1949, Schwartz Perry & Heller LLP was among the first firms in New York to concentrate on employment law. That early commitment has produced a depth of experience reflected in landmark employment law cases that shaped New York law, decisions regularly cited by courts as benchmarks for how human rights protections apply, and attorneys who lecture at the New York County Lawyers’ Association, the Association of the Bar of the City of New York, the New York State Bar Association, and NELA. Our work has been published in prestigious legal publications and recognized by peers across the field.

Brian Heller was named to the Top 100 Super Lawyers in New York in November 2025. Our attorneys hold Super Lawyers recognition and membership in the Million Dollar Advocates Forum, and the firm holds an AV Peer Review Rating from Martindale-Hubbell. We have secured multiple seven-figure verdicts and appellate victories across employment law matters.

For an employee facing disability discrimination in New York, that history translates directly: our attorneys know how these cases are litigated, where they can become more complex, and how New York’s layered legal framework creates strategic options. We handle matters before the EEOC, the NYC Commission on Human Rights, and the New York State Division of Human Rights, as well as in federal and state court. Every case receives individualized attention and a strategy built around its specific facts.

Frequently Asked Questions About ADA Attorneys in New York

What Does a New York ADA Attorney Do for an Employee?

Our disability act attorneys evaluate whether you have a qualifying disability, assess whether your employer’s conduct constitutes discrimination or a failure to accommodate, and guide you through filing charges with the EEOC, the NYC Commission on Human Rights, or the New York State Division of Human Rights. We also handle mediation, agency hearings, and litigation in federal and state court, advising employees across industries including finance, healthcare, tech, and retail.

Why Does It Matter Which Law I File Under in New York?

New York’s layered framework of federal, state, and city law creates filing options and damage recovery possibilities that differ significantly from other states. The NYC Human Rights Law shifts the burden of proof to employers, covers a broader range of conditions than federal law, and offers uncapped damages. An attorney familiar with the EEOC, NYSDHR, and NYCCHR processes can select the forum and strategy that best serves your situation.

What Qualifies as a Disability Under New York Law?

Federal ADA protection covers physical or mental impairments that substantially limit one or more major life activities, a record of such impairment, or being regarded as having such an impairment. New York City law is broader and can include temporary illnesses that cause a disability. Whether a specific condition qualifies depends on the facts, and an attorney can assess coverage under all three applicable frameworks.

What Are Common Challenges Employees Face When Asserting ADA Rights?

Employees often encounter employers who delay accommodation decisions for months, demand excessive or repeated medical documentation, or deny requests by claiming undue hardship without conducting a genuine analysis. Documenting every accommodation request and employer response in writing, with dates, is critical. Consulting an attorney promptly matters equally, given the strict filing deadlines that apply to ADA and disability discrimination claims in New York.

How Can I Protect My Rights While Still Employed?

Put every accommodation request and employer response in writing. Note the dates of relevant conversations and keep copies of all communications related to your disability or request. Document any changes in how you’re treated following a disclosure or request, including performance reviews, scheduling, assignments, and feedback. Consulting an attorney early preserves your options and ensures you don’t miss a filing deadline.

Contact Our New York Disability Act Attorneys

Schwartz Perry & Heller LLP represents employees throughout New York City, including Manhattan, Brooklyn, Queens, the Bronx, and Staten Island. ADA and disability discrimination matters are often time-sensitive because EEOC and agency deadlines begin running from the date of the discriminatory act, not from when you consult an attorney. The sooner we can evaluate your situation, the more filing options may remain available to you.

Our attorneys provide personalized, responsive counsel and keep clients informed at every stage. If you’re facing disability discrimination or a denied accommodation, reach out to our team for a consultation.

Get the legal help you need from our qualified New York ADA attorneys at Schwartz Perry & Heller LLP. Call (646) 490-0221 or fill out our online form for a consultation.