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In a city as dynamic and diverse as New York, disability accommodations in the workplace are more than a compliance issue—they’re a matter of fairness, inclusion, and legal responsibility. Whether you’re an employee requesting support or an employer unsure how to respond, understanding your rights and obligations is key.
This guide breaks down what the law requires, how the process should work, and how a skilled employment lawyer can guide both sides.
What the Law Says: ADA vs. NYC Human Rights Law
Employees with disabilities are protected under both federal and city law, but NYC takes it a step further.
The Americans with Disabilities Act (ADA) applies to employers with 15 or more employees. It prohibits discrimination and requires reasonable accommodations for qualified employees with disabilities, so long as the request doesn’t create an undue hardship for the business.
New York City’s Human Rights Law, however, applies to employers with as few as four employees and uses a broader definition of disability. In NYC, it’s not just a question of whether someone fits a strict legal category but whether they have a physical, mental, or medical condition that impacts their life in a meaningful way.
Most importantly, NYC law requires employers to engage in a cooperative dialogue and provide a written outcome. This makes the accommodation process more structured and more protective for employees.
What Qualifies as a Reasonable Accommodation?
A reasonable accommodation is any change to the work environment or to how things are usually done that enables a person with a disability to do their job. It’s not a favor. It’s a legal right.
Common accommodations include:
- Adjusted work hours or modified schedules
- Remote or hybrid work options
- Leave for treatment or recovery
- Physical changes to the workspace
- Assistive technology
- Temporary reassignment of non-essential duties
Accommodations don’t need to be expensive or permanent. What matters is whether they help the employee perform their essential job functions—and whether the employer can provide them without serious difficulty or expense.
The Cooperative Dialogue: A Two-Way Process
In NYC, the accommodation process isn’t supposed to be a one-sided decision. Employers must engage in a cooperative dialogue, meaning a good-faith discussion about what the employee needs and what the employer can offer.
For employers, this means:
- Promptly responding to accommodation requests
- Asking for documentation only when appropriate
- Exploring all reasonable options
- Following up with a written determination
For employees, it means:
- Clearly stating what support is needed
- Explaining how the condition impacts job duties
- Being open to alternatives if the initial request isn’t feasible
It’s not about getting everything exactly as asked, but working together to find a reasonable solution.
Common Missteps to Avoid
Accommodation requests can break down when either side missteps, often unintentionally. Here are some red flags to avoid:
Employers should not:
- Ignore or delay responding to requests
- Deny accommodations without explanation
- Make assumptions about what a disability means
- Change job duties, cut hours, or retaliate after a request
Employees should avoid:
- Making only verbal requests without documentation
- Refusing to participate in follow-up discussions
- Assuming that any request must be granted in full
Clear communication—and good documentation—go a long way in protecting both sides.
When Accommodations Are Denied or Mishandled
Not every accommodation request has to be granted. However, under NYC law, employers can only refuse if the request would create an undue hardship—a significant difficulty or expense that substantially impacts operations.
Still, too many denials happen without proper review. Signs that a request is being mishandled include:
- A flat-out “no” with no discussion
- Vague delays or shifting requirements
- A sudden drop in performance reviews or job responsibilities
- Comments that suggest discomfort with the disability itself
If an employee suspects the process wasn’t handled in good faith or that retaliation followed, they may have a legal claim. In many cases, consulting with an attorney can help resolve the issue without needing formal action.
How Lipsky Lowe LLP Can Help
At Lipsky Lowe LLP, we help both employees and employers across New York City understand their rights and responsibilities when it comes to workplace accommodations.
For employees, we guide you through every step—from drafting your initial request to challenging an improper denial. If your employer has failed to cooperate or retaliated against you, we’ll work to enforce your rights and seek appropriate remedies.
For employers, we provide legal advice on how to manage accommodation requests in compliance with the law. We help you evaluate options, document decisions, and maintain a clear record that supports fair treatment and legal compliance.
Our goal is to create clarity for both sides while protecting your rights and avoiding unnecessary conflict.
NYC Disability Accommodations Lawyer
Disability accommodation requests don’t have to be contentious. When both employees and employers understand the rules and approach the process with respect, it can lead to better outcomes and stronger workplace relationships.
If you’re facing a challenge with a disability accommodation, whether you’re making a request or responding to one, Lipsky Lowe is here to help. Contact us today for a confidential consultation. Let’s talk about what’s happening and how we can support you.