Disability discrimination in the workplace remains a persistent challenge in New York, often clouded by widespread misconceptions. Many employees, and sometimes employers, misunderstand the protections granted by state and city law. At Schwartz Perry & Heller LLP, we advocate for clients who face illegal treatment or bias at work, making sure they understand their rights and the practical steps available. When common myths keep New Yorkers from acting or lead to costly mistakes, our role is to clarify the law, answer difficult questions, and ensure no one faces discrimination alone.
What Does Disability Discrimination Mean Under New York Law?
Disability discrimination in New York covers a broad range of circumstances that go far beyond federal law’s definitions. The Disability & Perceived Disability Discrimination laws—New York State Human Rights Law and New York City Human Rights Law—both provide extensive protection, making it unlawful for employers to treat someone unfairly based on a wide spectrum of physical, mental, or medical impairments. These laws offer enhanced coverage—not just for permanent disabilities, but also for temporary, episodic, or even perceived disabilities.
Unlike the federal ADA Compliance, which requires that a disability “substantially” limits a major life activity, New York law includes many more conditions. A short-term physical injury or an ongoing mental health condition both qualify for workplace protection in New York. In addition, state and city law recognizes that even if an employer incorrectly perceives you as having a disability, you may be protected from discriminatory actions. These expanded definitions mean that thousands of New Yorkers are covered by rights they may not even realize exist.
Disability discrimination can take many forms, including actions that seem neutral on the surface but unfairly impact employees with disabilities. This includes rigid workplace policies or job requirements that do not reasonably account for individual limitations. If you believe you’ve experienced unfair treatment or lost opportunities due to a medical condition—whether visible or not—you may have grounds to seek legal remedies under New York’s progressive laws.
Are Only Obvious Physical Disabilities Protected in NY Workplaces?
One of the most persistent disability discrimination myths in NY is that only visible, physical disabilities are protected by law. In truth, legal protections extend to both visible and invisible conditions. Many New Yorkers work while managing less apparent disabilities, such as anxiety disorders, diabetes, autoimmune diseases, PTSD, and epilepsy. These conditions are fully recognized under New York law.
Temporary conditions can qualify as well. If you are recovering from surgery, dealing with severe migraines, or experiencing short-term mobility challenges, you are likely protected. The law does not require your disability to be permanent, severe, or easily observed. Instead, the focus is on whether the condition affects your ability to perform job functions and whether reasonable accommodation is possible.
Employers should never make assumptions about your need for support based solely on appearance. When supervisors or coworkers question a request for accommodation just because a disability is not visible, they risk violating state & city law. Your legal rights depend on the medical reality of your needs, not how those needs appear to others. If someone at work doubts your eligibility for accommodation, you have an opportunity to educate them—and, if necessary, defend your rights under New York’s inclusive approach to disability protections.
Can Employers Refuse Accommodations That Seem Inconvenient or Costly?
Reasonable accommodations are a cornerstone of workplace disability rights in New York. Employers must grant accommodations unless doing so would result in an “undue hardship.” Contrary to popular belief, this standard is intentionally strict: routine disruptions or minor expense are not enough to excuse an employer from providing a requested adjustment. Instead, the law compels bosses to meaningfully participate in an interactive process and carefully consider the employee’s specific needs.
Some feasible accommodations might involve flexible scheduling, permission to work from home, slight modifications to job duties, or adaptive workplace equipment. Large employers may have more resources to make substantial changes, but even small businesses are required to seriously review and respond to requests. While “undue hardship” is a valid defense, it requires documented evidence of significant difficulty—not just inconvenience.
If your employer claims your request is too burdensome or expensive, ask for a written explanation and the reasons for their position. Under New York law, you have the right to clear and well-supported communication. Document every step of your request process. Our team collaborates with clients to prepare thorough documentation, anticipate employer challenges, and demonstrate that reasonable accommodations can often be implemented with minimal cost or disruption.
Does At-Will Employment Override Disability Discrimination Laws in NY?
Many New Yorkers believe that because New York is an at-will employment state, employers can fire staff at any time, for any reason. However, this belief ignores key exceptions in disability discrimination law. Federal, state, and city laws make it illegal to terminate, demote, or reduce hours because of an employee’s disability or because an employee requested a reasonable accommodation. At-will employment does not override these protections.
Employers sometimes attempt to hide discriminatory intent behind seemingly legitimate actions, but patterns can reveal the real reasons. If you lost your job soon after telling your employer about a health condition or asking for adjustments related to a disability, you may have a valid claim. In these cases, the sequence of events and the presence of retaliatory behavior matter. New York law shifts the burden to the employer to provide a legitimate, non-discriminatory reason for adverse action when disability bias is suspected.
Protecting yourself starts with paperwork. Keep any emails, disciplinary actions, or policy changes received after discussing a disability or making a request for accommodation. If you suspect your job was impacted after you disclosed a health issue, detailed records can strengthen your position during negotiations or legal proceedings. At Schwartz Perry & Heller LLP, we help clients navigate these stressful moments, using decades of experience to protect their employment rights.
What Are Employee Rights Regarding Disclosure & Medical Records?
Privacy remains a common concern for employees facing disability discrimination in NY. In most cases, you are not required to disclose the specifics of your medical condition unless you need a workplace accommodation. Even then, you only need to provide enough information to establish the existence of a qualifying disability and describe the functional limitations related to your job. Full medical records or a formal diagnosis are rarely necessary.
New York law, along with the ADA, requires employers to treat medical information as confidential. Employers must keep any health-related records in a separate file, not with regular personnel documents, with limited access for those directly involved in the accommodation process. If your employer asks for information beyond what is relevant to your requested adjustment—or shares your information with unrelated departments—you have the right to refuse and to question such requests.
Employees often worry that partial disclosure could lead to retaliation or stigma in the workplace. Although full privacy cannot always be guaranteed when requesting support, New York laws create strong boundaries to protect sensitive data. If you feel pressured to disclose more than necessary, or suspect a breach of confidentiality, our firm advises clients on how to assert their legal privacy rights while preserving access to workplace accommodations.
Are Part-Time, Temporary, & Gig Workers Protected Against Disability Discrimination?
It’s a widespread misconception that only full-time or permanent employees are shielded by New York’s disability discrimination laws. State and city protections actually apply to most workers, including those in part-time, temporary, seasonal, or gig roles. The threshold for protection is very low: typically, if an employer has four or more employees, the law applies, and in some cases, even solo workers or independent contractors receive coverage depending on their responsibilities and workplace control.
This expanded definition means interns, temporary assignment workers, and many non-traditional employees can challenge workplace discrimination. Employers who assume they are exempt from requirements for part-time or non-traditional staff put themselves at risk of violations. If your job duties are controlled by the employer, you may be entitled to the same legal remedies as full-time colleagues.
Part-time or temporary employment status does not reduce the obligation for employers to provide reasonable accommodation or to avoid discriminatory practices. If you believe you’ve experienced bias, harassment, or denial of fair treatment, document specific incidents and the work arrangements in detail. Our team routinely reviews diverse employment relationships in New York to ensure every client gets accurate, actionable advice about their rights.
What Steps Should I Take If I Suspect Disability Discrimination at Work in NY?
If you suspect disability discrimination at work, immediate and organized action strengthens your future options. Begin by collecting detailed information about every incident. This includes the date, time, location, people involved, and a written summary of what happened. Save copies of related written communication, such as emails, performance discussions, or HR reports.
Next, follow your employer’s internal complaint procedures. Report the situation to HR, a manager, or an appropriate contact, clearly stating your concern and the impact on your ability to work. Make your request in writing and keep a copy for your own files. If the issue is related to a denied accommodation, reference previous communications and ask for the reasons behind any denial.
If the internal process does not resolve the problem or you experience retaliation for complaining, you have the right to pursue a formal legal complaint. In New York, options include the State Division of Human Rights, the City Commission on Human Rights, and the EEOC. Timely legal advice can clarify deadlines and help you avoid procedural pitfalls. At Schwartz Perry & Heller LLP, we guide clients through every stage—from documenting events through filing & managing claims—so you always have a clear roadmap forward.
How Do ADA & New York Human Rights Laws Compare for Disabled Employees?
Many people searching for information about disability discrimination myths in NY wonder how the Americans with Disabilities Act (ADA) stacks up against local laws. The ADA sets a national minimum, but New York State Human Rights Law and New York City Human Rights Law go further by covering more conditions, applying to smaller employers, and demanding a higher standard for employer accommodation.
One key difference involves how each law defines a disability. While the ADA limits coverage to conditions that “substantially” restrict life activities, New York law is more expansive, recognizing temporary and perceived disabilities as well. If your health condition does not meet the federal threshold, you may still be able to bring a claim under state or city law—a decisive advantage for many New Yorkers.
Another major distinction is the number of employees required to trigger coverage. The ADA covers companies with 15 or more employees; New York State applies at just four, and New York City at even smaller thresholds in some cases. In practice, this ensures that nearly every employed person in the city has workplace protections. Our attorneys routinely advise clients on which law to pursue for the broadest protection and develop compelling cases under local standards where appropriate.
What Are the Facts & Myths About Retaliation After Reporting Disability Discrimination?
Fear of retaliation keeps many employees from standing up against disability discrimination in New York. However, the law strictly forbids both direct and subtle forms of retaliation against workers who make good-faith complaints or request accommodations. You are protected not just from firing, but from negative shifts in responsibilities, reduced hours, changes to your work environment, or harassment that follows your report.
Retaliation can take many forms, and sometimes shows up as less obvious changes—like exclusion from meetings, sudden negative performance reviews, or loss of opportunities. The law also bars retaliation against coworkers who assist in revealing or reporting discriminatory behavior. If you notice changes after raising a complaint, documenting behaviors over time can be as critical as recording the original discrimination itself.
No one must tolerate threats or workplace pressure for speaking up. If you start to see consequences after a report—no matter how minor—make a written list and keep supporting evidence. Acting quickly with guidance from experienced attorneys can help stop retaliation and improve your chances of a positive case result. At Schwartz Perry & Heller LLP, we work closely with clients to monitor for signs of retaliation and advise on how to respond while still maintaining good documentation and relationships with colleagues.
When Can Employers Legally Deny Requests for Disability Accommodations in NY?
Not every accommodation request must be granted, but legal denial in New York is strictly defined. Employers must demonstrate that providing the accommodation would present an “undue hardship”—a substantial difficulty or expense based on the resources of the business, the nature of the job, and relevant operational needs. Courts look for clear evidence and do not accept inconvenience or vague costs as valid reasons for refusal.
Common examples of lawful denials might include:
- A request that would eliminate an essential job function
- An accommodation that would create significant safety risks to others
- A change demanding major restructuring of business operations that cannot be absorbed
However, employers cannot simply reject requests without written explanation or discussion. You have the right to participate in an interactive process aimed at finding alternatives, and employers should offer suggestions or modifications that could work instead.
If you face a denial, request a detailed, written justification and consider seeking legal review of the employer’s claims. Our firm is equipped to analyze the evidence and determine whether your employer’s position truly meets the “undue hardship” standard—or if further negotiation might be possible. We guide clients to secure the accommodations they need or pursue alternatives that still support effective job performance.
What Are the Time Limits for Reporting Disability Discrimination in NY?
Strict time limits apply to claims for disability discrimination in NY, and missing a deadline can mean losing your right to pursue justice. Generally, you have one year to file a complaint with the New York State Division of Human Rights, and up to one year with the New York City Commission on Human Rights. Complaints made to the EEOC are subject to a 180- or 300-day window, depending on overlapping state and federal filing. These limitations vary depending on the agency and whether additional claims, like retaliation, are part of your complaint.
If the discrimination is ongoing—such as repeated denial of accommodations or repeated harassment—each new act can extend the period for filing. However, filing internally with your company does not pause these external deadlines. That is why consulting legal counsel as soon as possible is crucial to avoid missing key dates. Documentation and early case review will also help preserve evidence, even if you continue to pursue internal company procedures before contacting outside agencies.
Timely action not only safeguards your rights, but also makes it easier to gather witness statements and obtain relevant records. At Schwartz Perry & Heller LLP, we clarify which deadlines apply and ensure you know the best way to preserve your case, streamline filing, and avoid unnecessary risks while seeking resolution in the workplace.
How Does Schwartz Perry & Heller LLP Support Employees Facing Disability Discrimination?
Facing disability discrimination can feel overwhelming, but you do not have to face it alone. Our team at Schwartz Perry & Heller LLP advocates for employees at every stage—from understanding your rights, gathering evidence, submitting requests for accommodation, to filing and pursuing legal actions if necessary. We’re deeply rooted in New York’s workplace law landscape, having helped shape important legal developments that protect workers across industries.
We recognize that each employment dispute case has unique facts, challenges, and goals. Our process involves careful review of your workplace situation, clear explanation of the rights and remedies available under state, city, and federal law, and steadfast guidance through negotiation or litigation. We pride ourselves on offering not just legal skill, but compassion and personal attention to every client. That means you gain an ally as you overcome legal and practical barriers to a fair workplace.
If you suspect that disability discrimination has created barriers to your success at work, do not let uncertainty dictate your future.
Contact our team at Schwartz Perry & Heller LLP or call (646) 490-0221 to discuss your situation. We are here to help you move forward with confidence, clarity, and the law on your side.