Disability Discrimination and Reasonable Accommodation Denials

Living with a disability should never be a barrier to fair treatment at work. Unfortunately, many employees face discrimination when requesting simple accommodations or are treated differently because of a medical condition. At Leeds Brown Law, we help disabled workers across New York stand up for their rights, secure workplace adjustments, and hold employers accountable when they break the law.

What Counts as a Disability?

Under federal and New York law, a disability is broadly defined as a physical or mental impairment that substantially limits one or more major life activities. This can include:

• Chronic illnesses (e.g., diabetes, epilepsy, asthma)
• Mental health conditions (e.g., depression, PTSD, anxiety)
• Mobility impairments (e.g., spinal cord injuries, arthritis)
• Temporary conditions (e.g., surgery recovery, broken bones)
• Learning disabilities and neurodivergent diagnoses

You do not have to be completely incapacitated to qualify. Many employees are eligible for accommodations under the law—even if they can still perform their core job duties.

Legal Protections for Disabled Employees

Several key laws protect employees with disabilities from discrimination and ensure access to reasonable accommodations:

• Americans with Disabilities Act (ADA): A federal law requiring employers to provide reasonable accommodations and prohibiting disability-based discrimination.
• New York State Human Rights Law: Covers employers with four or more employees and includes broader definitions of disability than federal law.
• New York City Human Rights Law: Offers expansive protections and places a higher burden on employers to justify denial of accommodations.

What Is a Reasonable Accommodation?

A reasonable accommodation is a change to the workplace or job structure that allows a disabled employee to perform essential job functions. Examples include:

• Modified work schedules or part-time shifts
• Remote work or telecommuting
• Physical workspace changes (e.g., wheelchair ramps, accessible restrooms)
• Assistive technology or screen readers
• Extended medical leave or time off for treatment

Employers are required to engage in an “interactive process” with employees to identify and implement suitable accommodations. Simply ignoring or denying requests without proper consideration is unlawful.

Common Violations

• Refusing to consider accommodation requests
• Firing or demoting an employee after learning about a disability
• Unreasonably delaying implementation of accommodations
• Retaliating against workers who request modifications
• Mocking or questioning the legitimacy of a disability

Signs of Disability Discrimination

Not all discrimination is obvious. You may be experiencing unlawful treatment if:

• You’re denied a schedule change others have been granted
• Your manager avoids discussing your health-related needs
• You’re suddenly written up or placed on a performance plan after disclosing a condition
• You’re excluded from meetings or assignments without cause

Even if the employer claims “business needs” are the reason, the law requires them to show why an accommodation would cause undue hardship.

What to Do If Your Accommodation Is Denied

1. Submit your request in writing: Be clear and detailed about what you need and why
2. Document everything: Save emails, doctor’s notes, HR responses, and any related communications
3. Request written explanations: If your request is denied, ask for a formal reason
4. Consult a lawyer: The sooner you speak with an attorney, the better your chances of preserving your rights

Potential Remedies

If you’ve been discriminated against due to a disability or denied accommodations, you may be entitled to:

• Reinstatement or front pay
• Back pay for lost wages and benefits
• Compensation for emotional distress
• Punitive damages in extreme cases
• Attorney’s fees and litigation costs
• Policy reform within your workplace