Reasonable Accommodation

Reasonable Accommodation Lawyers in New York

Over 100 Years of Collective Experience Advocating for New York Employees

Workplace accommodation rights in New York may arise under overlapping federal, state, and city laws. These protections can require changes to a job, work environment, policy, schedule, or procedure so a qualified employee can perform essential job functions or address another protected need.

Under the federal Americans with Disabilities Act and the New York State Human Rights Law, employers aren’t allowed to discriminate against employees because of a disability. The New York City Human Rights Law may provide additional protections for employees who work in New York City. In practice, these laws may require an employer to provide an effective reasonable accommodation unless doing so would create an undue hardship.

Our New York reasonable accommodation lawyers at Schwartz Perry & Heller LLP help employees address ignored requests, unexplained denials, process failures, and retaliation. Our team has over 100 years of legal experience defending human and employee rights in New York. We can review the applicable law, your communications with your employer, and the accommodations that may allow you to continue performing your job.

If you’re struggling to secure reasonable accommodations, call (646) 490-0221 or contact us online to discuss your request and your employer’s response.

Who Can Request Reasonable Accommodations in New York?

Who may request an accommodation depends on the employee’s need, workplace location, employer, and applicable law. The New York State Human Rights Law, federal law, and the New York City Human Rights Law don’t have identical coverage rules. New York State disability-discrimination protections apply to employers of every size, while federal and New York City requirements vary according to the claim and circumstances.

An employee may have accommodation rights related to:

A disability or medical condition
Sincerely held religious beliefs or observances
Pregnancy, childbirth, or a related medical condition
Lactation needs
Status as a victim of domestic violence, a sex offense, or stalking

Disability definitions and eligibility standards differ among the applicable laws. In general, the accommodation must address a limitation or workplace barrier while allowing the employee to perform the position’s essential job functions, meaning its fundamental duties.

If a disability or condition isn’t obvious, an employer may request medical information needed to verify the condition or evaluate possible accommodations. The documentation may describe relevant limitations and recommended workplace changes without disclosing unrelated private medical details. Medical information obtained through the accommodation process generally must be kept confidential.

What Counts as a Reasonable Accommodation?

A reasonable accommodation in the workplace is an adjustment or modification that enables an employee to complete essential job responsibilities or address another need protected by law. What’s reasonable depends on the employee’s circumstances, the position, the workplace, and the effectiveness of the proposed change.

Common examples of reasonable accommodations for employees living with disabilities include:

Remote work
Modified or flexible work schedules
Wheelchair ramps and reorganized office layouts
Accessible parking spaces
Additional training and resources, including interpreters
Reliably scheduled breaks
Adjusted workstations or equipment

Reasonable accommodations for employees in other qualifying categories may differ. Employees with certain religious beliefs may request adjustments to a uniform policy to allow for a religious garment. An employee who has recently given birth may need a private lactation space, while a person affected by stalking or domestic violence may request a temporary change to public-facing duties.

An employee’s preferred accommodation isn’t automatically the only acceptable option. An employer may propose another effective accommodation after evaluating the request, but it generally can’t eliminate essential job functions or leave the identified workplace barrier unresolved. An employer may also raise undue hardship, a fact-specific legal standard concerning significant difficulty or expense that can depend on factors such as cost, resources, workplace structure, and operational impact.

How the Reasonable Accommodation Process Works in New York

When you believe you need a reasonable accommodation to perform your essential job responsibilities, you can alert your employer verbally or in writing. The request should identify the disability, medical condition, religious practice, pregnancy-related need, lactation need, or qualifying safety concern and explain the workplace change you need. You don’t necessarily need to provide your full diagnosis or unrelated medical history.

Your employer may request additional information when the condition or need isn’t obvious. Any request for medical documentation should be connected to verifying the protected need or evaluating possible accommodations. Keeping copies of your request, supporting documents, and your employer’s responses can create a clear record of the process.

Under the New York City Human Rights Law, an employer must engage in a cooperative dialogue after learning that an employee may need an accommodation. A cooperative dialogue is a good-faith discussion about the employee’s needs, possible accommodations, effective alternatives, and any difficulties the proposed changes may create. Federal and state disability matters may involve a similar interactive process or interactive dialogue.

The dialogue requires meaningful consideration rather than an immediate, unexplained rejection. If the employer doesn’t believe the specifically requested accommodation is feasible, the parties should consider whether another effective option would address the limitation or protected need.

For matters governed by the New York City Human Rights Law, the employer must provide a written final determination when the cooperative dialogue concludes. That determination should identify any accommodation granted or denied. If no effective accommodation can be provided without undue hardship, the response should explain the conclusion instead of relying on a vague statement that the request is inconvenient.

Our New York reasonable accommodation attorneys can review whether the applicable dialogue requirements were followed. If your request was delayed, ignored, or denied, we can evaluate the employer’s written response, communications, proposed alternatives, and undue hardship explanation.

Retaliation After an Accommodation Request

An employer isn’t permitted to retaliate against you because you requested a reasonable accommodation. Retaliation may include termination, discipline, adverse scheduling, reduced opportunities, harassment, or other negative treatment connected to the request. If you’re fired after seeking an accommodation, you may have been wrongfully terminated and should seek prompt legal assistance. Timing, employer communications, performance records, and the treatment of other employees may all affect the legal analysis.

What Can I Do If My Employer Rejects My Accommodation Request?

If your employer fails to engage in a required dialogue, ignores relevant documentation, or provides insufficient reasons for denying your request, other legal remedies may be available. We can evaluate the denial and help determine which federal, state, or city protections apply to your workplace and circumstances.

Preserve records related to the request and your employer’s response:

Your verbal or written accommodation request
Medical letters and other supporting materials
Emails, messages, meeting notes, and denial letters
Proposed accommodations and alternatives
Performance reviews, disciplinary records, and evidence of retaliation

At the state level, we can evaluate whether a complaint with the New York State Division of Human Rights is an available option. Filing deadlines aren’t universal. The available forum and deadline depend on the protected category, workplace location, employer, applicable law, and claims being asserted, so it’s important to obtain advice based on your specific timeline.

If your accommodation request involves a disability, we can also evaluate whether a complaint with the Equal Employment Opportunity Commission is appropriate under the Americans with Disabilities Act. Federal administrative procedures may affect whether and when an employee can pursue a lawsuit. State and New York City claims may involve separate administrative or court options.

Our New York reasonable accommodation lawyers at Schwartz Perry & Heller LLP can evaluate your options after a request has been rejected, delayed, or ignored. We review the request, your employer’s response, the documentation exchanged, and any adverse action that followed.

If your accommodation request was denied, delayed, ignored, or followed by retaliation, call (646) 490-0221 or contact us online.

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