Blogs from September, 2025

Living with a disability shouldn’t mean facing obstacles at work—especially in New York, where strong legal protections exist for employees and job applicants. Yet many people wonder whether New York State or New York City laws give them better protection against discrimination. Understanding these differences goes beyond legal jargon; it empowers you to make informed decisions about your rights and workplace situation. We’ll answer the most pressing questions, provide practical steps, and explain how these laws can impact your everyday work life.

What Key Disability Protections Exist Under New York State & NYC Law?

New York offers a comprehensive legal framework for disability discrimination. The New York State Human Rights Law (NYSHRL) makes it unlawful for employers to discriminate against workers or applicants based on disability. This law applies throughout the state across various industries and workplaces—from offices to warehouses and retail stores. In New York City, the NYC Human Rights Law (NYCHRL) provides even more expansive protections. Employees in the city benefit from both state and city laws, which together create some of the broadest protections in the country.

Both laws prohibit discrimination in hiring, firing, pay, promotions, harassment, workplace policies, and retaliation for requesting accommodations. They also require employers to provide reasonable accommodations unless doing so would cause an undue hardship. In addition, independent contractors, freelancers, and some other non-traditional workers may also be protected, especially under the NYCHRL. While NY State law covers employers with four or more employees, NYC law recently removed this threshold, meaning that even businesses with a single employee must comply.

These protections include not only obvious forms of bias, such as refusing to hire someone who uses a wheelchair, but also indirect actions like imposing policies that disproportionately affect people with disabilities. For workers in New York City, layered coverage under these laws results in a higher standard of protection—a significant advantage when confronting workplace discrimination or exclusion.

How Does the Definition of “Disability” Differ Between NY State & NYC Laws?

The definitions of “disability” under New York State & New York City law have important differences. NYSHRL defines disability as physical, mental, or medical impairments—such as anatomical, physiological, genetic, or neurological conditions—which impact the ability to perform key life functions. It covers many chronic illnesses, physical injuries, and mental health conditions. Thanks to recent amendments, the state law now also includes temporary, episodic, and perceived disabilities, moving closer to the broad coverage once seen only in NYC law.

The NYCHRL goes even further, providing a broader and more inclusive definition. Disability under city law covers any physical, medical, mental, or psychological impairment—regardless of whether it is permanent or temporary. The law even protects those perceived by their employer to have a disability, regardless of a formal medical diagnosis. NYC law’s recognition of conditions like anxiety, depression, ADHD, learning disorders, and pregnancy complications means more people receive protection in the city than under state or federal law.

This expansive view means that in practice, many more employees in NYC are covered. Even if your condition is new, periodic, or undiagnosed but observable, you likely qualify for protections under the NYCHRL. If you’re uncertain about whether a condition qualifies as a disability under New York discrimination laws, consider consulting with a legal professional who understands the nuances of both NY State and NYC regulations.

What Rights Are Guaranteed to Employees With Disabilities in New York City Versus Statewide?

Employees across New York have certain core rights under both the NYSHRL and NYCHRL. Employers may not deny employment, promotions, or equal pay based on disability. Workers with disabilities are entitled to reasonable accommodations that help them perform the essential functions of their jobs—like modified work schedules, assistive technology, or physical adjustments to the workplace. Under both laws, employers must consider requests for accommodation unless an accommodation presents a significant difficulty or expense.

A key distinction in NYC is the requirement for “cooperative dialogue.” Employers in the five boroughs must engage in direct, ongoing discussions with the employee to explore potential accommodations. This interactive process builds stronger accountability and support for disabled workers. While state law requires that employers consider accommodations, NYC law holds employers to an even higher standard by making the dialogue process mandatory and enforceable.

Both laws prohibit workplace harassment and unequal treatment based on disability. Discriminatory practices during the hiring process, training opportunities, or advancement are equally forbidden. However, due to NYC’s wider coverage and mandatory dialogue requirement, workers in the city have extra tools for advocating for their rights and resolving disputes.

Does New York City Offer Stronger Disability Discrimination Protections Than the Rest of New York State?

New York City consistently provides broader and more robust workplace protections for people with disabilities than the rest of the state. The NYCHRL’s definition of disability is more inclusive and less restrictive. Employees with episodic, short-term, or perceived disabilities find coverage under the city law even when state or federal law might not apply.

NYC courts interpret city law independently and liberally, prioritizing the rights of individuals with disabilities. This means city employees often have an easier path to establishing a claim, especially in ambiguous cases. The city’s unique cooperative dialogue requirement forces employers to document how they respond to requests for accommodation, adding another layer of accountability.

Real-life scenarios underscore these advantages. Employers who ignore or dismiss subtle disability issues—or fail to follow the formal dialogue process—can face direct liability under NYCHRL. This legal environment creates a powerful incentive for NYC employers to provide prompt, meaningful responses to all requests for accommodation. For disabled employees, NYC’s legal protections stand among the strongest nationwide.

How Can Employees Request Reasonable Accommodation in NYC & NY State Workplaces?

Requesting a workplace accommodation in New York begins with communicating your need to your employer. Employees can make requests verbally or in writing, but a written record helps create a clear timeline and evidence of your efforts. Your request should describe the condition (as much as you feel comfortable sharing), the barriers you face at work, and the specific adjustments or supports you believe will help.

Employers can ask for medical documentation to support the request, but they cannot require excessive or irrelevant information. In New York City, the process extends further. After receiving your request, employers must enter a mandatory “cooperative dialogue.” This interactive process involves meeting or corresponding with you, exploring solutions, and explaining their decision. Simply denying a request without this back-and-forth violates NYC law. Outside NYC, state law still requires good faith consideration and a written response, but the procedural requirements are not as strict.

If your employer does not respond or denies your request, take these steps:

• Keep detailed records of all communications, including emails and meeting notes.
• Follow up in writing if you receive no answer within a reasonable time.
• Write down the names and roles of all individuals involved in discussions.
• Reach out for legal guidance if you encounter ongoing resistance or vague explanations.

Detailed, timely documentation helps protect your rights if you later need to file a claim.

What Should Employees Do If They Experience Disability Discrimination at Work?

If you believe you have been treated unfairly because of a disability at work, start by writing down every incident—in as much detail as possible. Include dates, names, witnesses, and the exact behavior or comment at issue. Evidence is critical for both internal and external complaints, so keep copies of emails, memos, and any written or electronic exchanges.

You can often begin by using your employer’s internal complaint process, which may resolve the issue quickly. However, if your employer does not address the discrimination or if you believe reporting it inside your organization would be unsafe, consider filing an external complaint. For most employees statewide, the New York State Division of Human Rights offers an online portal for submitting complaints and provides guidance through the process. If you work in NYC, the NYC Commission on Human Rights is your go-to agency.

Gathering and submitting supporting documentation strengthens your claim. Both agencies offer investigations and may attempt mediation. At any stage, consulting a knowledgeable employment lawyer can help you understand how the law applies to your unique circumstances, identify the right evidence, and develop a practical plan to protect your legal rights and peace of mind.

Can Employees File a Disability Discrimination Claim Under Both NY State & NYC Laws?

Many workers in New York City ask if they can file claims under both NY State and NYC disability discrimination laws. Generally, you can file in both venues, as agencies often coordinate and may even cross-file your complaint to ensure full coverage. However, you cannot seek the same remedy twice for the same violation, and legal strategy matters—some remedies or evidentiary standards differ from one forum to the other.

Selecting the right venue depends on where the discrimination took place, the specific remedies you’re seeking, and the details of your work arrangement. For example, punitive damages may be available under the NYCHRL that are not available under state law. Also, deadlines and complaint-handling procedures can differ. If your situation involves a novel disability or subtle form of discrimination, the more generous standards of NYCHRL may increase your chance of a favorable resolution.

Filing in both forums maximizes your legal options but can create confusing overlaps. If you’re unsure where to file or how to preserve your rights, consult with a legal counselor who understands both state and city procedures. Timely action in either forum will help you avoid missing critical deadlines and ensure all available remedies remain on the table.

How Do NY State & NYC Laws Protect Employees From Retaliation?

Employees have critical protections against retaliation when they request accommodations or file discrimination complaints under both state and city law. Retaliation includes any act taken by your employer to punish, demote, reassign, or otherwise penalize you because you exercised your legal rights. Examples include sudden negative performance reviews, unwarranted discipline, changes to your job duties, exclusion from meetings, or reductions in hours.

NYCHRL is especially strong in shielding workers from retaliation. The law assumes retaliation if a negative action follows closely after protected activity—such as requesting accommodation or making a formal complaint. Employers must show legitimate, nondiscriminatory reasons for their actions. Additionally, NYCHRL recognizes “associational discrimination,” so you’re protected not just for your own disability, but for advocacy on behalf of others as well.

If you notice changes at work after standing up for your rights, take steps to document each incident:

• Keep a day-by-day log of workplace changes and direct communications.
• Save all related written correspondence.
• Connect each retaliatory action to your original protected activity.
• Consider discussing your situation with an employment law advisor if retaliation escalates or doesn’t stop.

Effective documentation and swift action are the best ways to shield yourself and maintain your legal protections.

Are Small Businesses in NYC or NY State Covered by Disability Discrimination Laws?

Coverage under New York disability discrimination protections varies based on employer size and location. NYSHRL generally applies to businesses with at least four employees. This requirement has gradually expanded, especially for certain types of staff including domestic workers, contractors, and seasonal employees. As a result, most businesses in New York State are subject to the law.

In contrast, the NYCHRL now covers employers of any size in New York City for disability claims—even those with just one employee. This means workers in any NYC business receive full protection from discrimination and have the right to reasonable accommodations regardless of company size. This low threshold is rare and represents one of the most inclusive legal frameworks for workers with disabilities in the country.

If you work for a small business outside NYC and aren’t sure if your situation qualifies, it’s best to get clarity early on. Understanding whether your employer is covered by these laws can help you decide how to proceed and which agency to contact for support.

What Are the Statutes of Limitations for NY Disability Discrimination Claims?

Timing matters in disability discrimination cases. Under the NYSHRL, most employees have up to three years from the date of the alleged discriminatory act to file with the New York State Division of Human Rights. Keep in mind that federal deadlines, such as those under the Americans with Disabilities Act, are often much tighter—typically 300 days after the event.

Under NYCHRL, employees can file a lawsuit in court within three years of the incident but must file with the NYC Commission on Human Rights within one year. Retaliation claims generally follow these same deadlines but may hinge on the timing of the retaliatory act. If incidents happen at different times, multiple deadlines may apply, and prompt action can preserve all your legal options.

Stay ahead of deadlines by following these steps:

• Document each incident when it occurs.
• Contact the relevant agency as soon as possible for guidance on your situation.
• File preliminary complaints quickly, even if your evidence is still being assembled.
• Discuss timing with a legal advisor to prevent missing crucial deadlines or waiving your rights unintentionally.

Deadlines are strict, and missing them can completely block a potential case—timely awareness is key.

When Should Employees Seek Legal Guidance for Disability Discrimination?

Many employees hesitate to seek legal advice unless discrimination is blatant. However, early intervention provides clear benefits—especially if you face unexplained changes after disclosing a disability, roadblocks to accommodations, or signs of retaliation. You should consider speaking to a legal professional if formal requests are ignored, HR gives unclear responses, or your responsibilities suddenly change after disclosing your needs.

Employment attorneys experienced with NY disability laws offer important insight. They can help document your experiences, assess claim strength, and guide you to the right agency or court. Even if immediate action isn’t needed, a preliminary review will prevent missteps and may resolve the issue before it worsens.

At Schwartz Perry & Heller LLP, we have over 100 years of combined experience helping employees understand their protections and pursue justice under New York and NYC law. Our approach is personal and attentive, focusing on your individual circumstances and ensuring your voice is heard. We listen thoughtfully and act with your best interests in mind at every step.

Where Can Employees Find Reliable Resources on Disability Rights in NY?

If you need more information or immediate support, New York offers several helpful resources. The New York State Division of Human Rights (dhr.ny.gov) and the NYC Commission on Human Rights (nyc.gov/cchr) both provide plain-language guides, complaint forms, and explanations of rights for individuals with disabilities.

For additional support, free or low-cost services are available through organizations like New York Legal Assistance Group, Legal Services NYC, Disability Rights New York, and national agencies such as the Equal Employment Opportunity Commission and Job Accommodation Network. These resources help employees navigate the filing process, understand reasonable accommodations, and get answers to specific legal questions.

Being informed is the first step towards workplace fairness. Take time to look up these resources, document your experience, and contact Schwartz Perry & Heller LLP if you have specific questions or want guidance tailored to your unique situation.

New York’s disability discrimination laws offer some of the broadest protections in the country. Navigating them can feel overwhelming, but you don’t have to face it alone. 

Our experienced team is available to answer your questions, clarify your rights, and provide the perspective you need as you move forward. For confidential support, reach out to us at (646) 490-0221.