Navigating ADA Workplace Discrimination in New York: A Practical Guide
By Bashian & Papantoniou P.C.
The Starting Point: The Americans with Disabilities Act
The main federal law is the Americans with Disabilities Act (ADA). Its goal is clear: people should not lose job opportunities because of a disability if they can still do the work. The law also recognizes that many employees can succeed when they get reasonable support.
The ADA protects "qualified individuals with disabilities." This means someone who has a disability but can still do the main parts of the job, either on their own or with reasonable help from the employer. Employers do not have to lower standards or create new jobs, but they must treat disabled workers fairly and make reasonable changes when needed.
New York Goes Further Than Federal Law
New York does not stop with the ADA. Our state has two additional laws that provide even stronger protections, New York goes beyond the ADA. The state has two more laws that offer even stronger protections: the New York State Human Rights Law (NYSHRL) and the New York City Human Rights Law (NYCHRL). These laws show that New York believes equal job opportunity is a basic civil right. It also extends similar protections to education, housing, and public accommodations. The NYCHRL, which applies to workplaces in New York City, is even more employee-friendly. Courts are required to interpret the city law broadly and independently, meaning that employees often have stronger claims under the NYCHRL than under federal law.
For businesses, just following the ADA is not always enough in New York. Employers must also meet the higher standards set by state and city laws.
What Counts as a "Disability"?
One of the main differences between these laws is how they define disability.
Under the ADA, a disability must substantially limit a major life activity such as walking, seeing, hearing, or working. That standard can be difficult for some employees to meet.
New York law is more flexible. The NYSHRL says a disability is a physical, mental, or medical condition that stops normal body function or can be shown by accepted medical tests. It also protects people who are seen as having a disability, even if they are not limited in a major way.
The NYCHRL is even broader. In New York City, almost any physical, medical, mental, or psychological problem can count as a disability. You do not have to prove a major life activity is limited. Because of this, many workers who would not have a federal ADA case may still be protected under New York law.
Reasonable Accommodations: The Heart of the Law
Most disability cases focus on "reasonable accommodation." Simply put, this means making changes so an employee with a disability can do the job without causing an unfair burden for the employer.
Examples include:
- Adjusting work schedules
- Allowing remote work where possible
- Modifying equipment or workspaces
- Providing readers or interpreters
- Restructuring minor job duties
- Granting medical leave
Employers do not have to make changes that would cause "undue hardship," like very high costs or major business disruption. But they must consider options honestly. Ignoring a request or refusing to talk with an employee can be seen as discrimination.
The Interactive Process
The law expects employers and employees to talk to each other. This back-and-forth is called the "interactive process." It is not supposed to be formal or intimidating. It should be an honest conversation about what the employee needs and what the employer can reasonably provide.
Problems happen when employers end the conversation too soon. Even if an employee does not say "reasonable accommodation," employers should notice when help might be needed and look for solutions. Courts in New York take this duty seriously, and not taking part in the process can lead to legal trouble.
How the Different Laws Work Together
Because New York has three layers of protection—federal, state, and city—the same situation can be seen differently depending on which law applies. A claim that does not work under the ADA might still succeed under the NYSHRL or NYCHRL because those laws are broader and protect employees more.
At the same time, employees must show that the negative treatment they faced was linked to their disability. Not every workplace problem involving a disabled person is discrimination. The main question is whether the employer acted out of bias or refused to provide reasonable accommodation.
What This Means in the Real World
For employees, these laws give real protection. If you are denied accommodations, passed over for opportunities, or treated differently because of a medical condition, you may have rights even if your disability is not obvious or severe.
For employers, the main point is that following the law takes more than good intentions. Companies should have clear policies, train managers to handle accommodation requests, and keep careful records. Taking these steps early can help avoid costly disputes later.
At Bashian & Papantoniou P.C., we help both individuals and businesses with these issues every day. Many conflicts begin with simple misunderstandings, like an employee afraid to ask for help or an employer unsure about the law. Getting practical legal advice early can make a big difference.
Final Thoughts
New York's disability discrimination laws are meant to open doors, not close them. They recognize that people with disabilities can be valuable, productive workers when given a fair chance. Whether you are an employee protecting your career or an employer trying to do the right thing, it is important to understand these rules.
If you have questions about your rights or responsibilities under the ADA, the NYSHRL, or the NYCHRL, Bashian & Papantoniou P.C. is here to help. Clear advice and early action can turn a confusing situation into a manageable one and help keep New York workplaces fair and inclusive for everyone.