Disability Discrimination Lawyer in New York

You should not have to choose between managing your health and keeping your job. But too many New York employers treat disability as a liability — denying accommodations, sidelining employees with medical conditions, or terminating workers who request the support they are legally entitled to receive.

If your employer has discriminated against you because of a physical or mental disability, Joya Law Firm will fight to protect your rights. As a disability discrimination lawyer in New York, we represent employees — never employers — in claims under the Americans with Disabilities Act (ADA), the New York State Human Rights Law (NYSHRL), and the New York City Human Rights Law (NYCHRL).

Federal, State, and City Laws That Protect You

New York employees with disabilities are covered by three distinct layers of legal protection. Each one has different thresholds, definitions, and standards — and knowing how they interact is essential to building the strongest possible case.

The Americans with Disabilities Act (ADA)

The ADA (42 U.S.C. § 12101 et seq.) is the primary federal law prohibiting disability discrimination in employment. It applies to employers with 15 or more employees and covers individuals who:

Have a physical or mental impairment that substantially limits one or more major life activities
Have a record of such an impairment
Are regarded as having such an impairment

The ADA requires employers to provide reasonable accommodations unless doing so would impose an undue hardship on the business. It also prohibits discrimination in hiring, firing, promotions, compensation, and all other terms and conditions of employment.

The New York State Human Rights Law (NYSHRL)

The NYSHRL (§ 296) extends disability protections to employers with four or more employees — significantly broader than the ADA’s 15-employee threshold. It uses a similar framework but applies to a much larger number of New York workplaces, including smaller businesses that fall outside federal coverage.

The NYSHRL also requires reasonable accommodations and prohibits retaliation against employees who assert their disability rights.

The New York City Human Rights Law (NYCHRL)

The NYCHRL (§ 8-107) provides the broadest disability protections in the country. Here is what sets it apart:

No minimum employer size. The NYCHRL applies to employers with four or more employees — and for certain provisions, even fewer
Broader definition of disability. The NYCHRL covers any physical, medical, mental, or psychological impairment, including conditions that may not meet the ADA’s “substantially limits” standard
Perceived disabilities. You are protected even if your employer merely perceives you as having a disability, whether or not you actually do
Independent, liberal interpretation. New York City courts must construe the NYCHRL independently from federal and state law, applying the interpretation most protective of employees

If you work in New York City, the NYCHRL is almost always your strongest legal weapon in a disability discrimination case.

The Rehabilitation Act (Section 504)

If you work for the federal government or an organization that receives federal funding, Section 504 of the Rehabilitation Act provides additional protections similar to the ADA. This law prohibits disability discrimination by federal agencies, contractors, and grantees.

What Counts as a Disability Under New York Law

One of the most common misconceptions about disability discrimination law is that only severe or visible conditions qualify. That is wrong — especially in New York.

Under the ADA, the definition of disability was significantly broadened by the ADA Amendments Act of 2008. Qualifying conditions include, but are not limited to:

Mobility impairments — back injuries, arthritis, paralysis, amputation
Chronic illnesses — diabetes, cancer, HIV/AIDS, epilepsy, Crohn’s disease, multiple sclerosis
Mental health conditions — depression, anxiety disorders, PTSD, bipolar disorder, OCD
Sensory impairments — blindness, deafness, hearing loss
Neurological conditions — autism spectrum disorder, ADHD, traumatic brain injury
Autoimmune conditions — lupus, rheumatoid arthritis, celiac disease
Temporary impairments — in some cases, significant temporary conditions may also qualify

Under the NYCHRL, the definition is even broader. Courts have held that virtually any physical, medical, mental, or psychological condition can qualify as a disability — including conditions that are episodic, in remission, or controlled by medication.

Mental health disabilities deserve special emphasis. Employers frequently dismiss mental health conditions as not “real” disabilities or refuse to accommodate them. Under New York law, conditions like major depression, generalized anxiety disorder, PTSD, and bipolar disorder are fully protected. Your employer must accommodate these conditions just as they would a physical disability.

The Reasonable Accommodation Process

At the center of most disability discrimination cases is the question of reasonable accommodation. Your employer has a legal obligation to engage in an interactive process — a good-faith, back-and-forth dialogue to identify accommodations that enable you to perform your job.

Common Reasonable Accommodations

Modified work schedules — flexible start times, reduced hours, or compressed workweeks
Remote work or telework — working from home when your condition makes commuting or office presence difficult
Physical workspace modifications — ergonomic equipment, accessible workstations, temperature adjustments
Reassignment — transfer to a vacant position you are qualified for when accommodation in your current role is not possible
Modified job duties — restructuring non-essential job functions
Leave as an accommodation — additional unpaid leave beyond FMLA entitlement for treatment or recovery
Technology and assistive devices — screen readers, voice recognition software, hearing aids
Policy modifications — exceptions to attendance policies, dress codes, or break schedules

When the Process Breaks Down

Disability discrimination often happens not through outright refusal, but through delay, bad faith, and bureaucratic obstruction. Watch for these red flags:

Your employer ignores your accommodation request entirely
HR requests excessive documentation or makes you jump through unnecessary hoops
Your employer offers only token accommodations that do not actually address your needs
Management retaliates against you for making the request — cutting hours, reassigning you to undesirable work, or giving you negative performance reviews
Your employer claims “undue hardship” without any real analysis of cost or disruption

If your employer refuses to engage in the interactive process or denies a reasonable accommodation without legitimate justification, that is disability discrimination — and it is actionable under the ADA, the NYSHRL, and the NYCHRL.

Failure to Accommodate vs. Direct Discrimination

Disability discrimination takes two primary forms, and it is important to understand the difference:

Failure to accommodate

Occurs when your employer knows about your disability and either refuses to provide reasonable accommodations or fails to engage in the interactive process. This is the most common type of disability discrimination claim.

Direct discrimination

Occurs when your employer takes an adverse action — firing, demoting, refusing to hire, or otherwise penalizing you — because of your disability, regardless of whether accommodations were requested. This includes:

Being fired after disclosing a diagnosis
Being passed over for a promotion because your employer assumes your condition limits your capabilities
Being harassed or subjected to a hostile work environment because of your disability
Being screened out during hiring through medical inquiries or tests that are not job-related

Both types of discrimination violate the law. And both entitle you to damages.

Common Employer Violations We See

As a disability discrimination lawyer in New York, Joya Law Firm encounters the same patterns of illegal employer conduct repeatedly:

Termination after medical leave.

You take leave for surgery, treatment, or a mental health crisis, and your employer eliminates your position or replaces you while you are out. Wrongful termination based on disability is one of the most common claims we handle.

Refusal to allow remote work.

Your condition makes it difficult or impossible to commute, but your employer insists on in-person attendance — even when your job can be done remotely.

Punishing attendance issues caused by disability.

Your employer applies a rigid attendance policy without making exceptions for disability-related absences, then disciplines or terminates you for “excessive absence.”

Invasive medical inquiries.

Your employer demands detailed medical records, asks questions about your diagnosis that go beyond what is necessary, or pressures you to disclose your condition to coworkers.

Constructive discharge.

Your employer makes your working conditions so intolerable — through harassment, isolation, or refusal to accommodate — that you are forced to resign. This may constitute constructive wrongful termination.

• Retaliation

You request an accommodation, file a complaint, or assert your disability rights, and your employer retaliates with demotion, reduced hours, negative reviews, or termination. Retaliation is independently illegal under all applicable laws.

The "Undue Hardship" Defense — and Its Limits

Employers frequently claim that providing a requested accommodation would impose an “undue hardship” on their business. Under the ADA, this means significant difficulty or expense relative to the employer’s size, resources, and operations.

Here is the reality: most accommodations cost very little. According to the Job Accommodation Network (JAN), the majority of workplace accommodations cost $500 or less, and many cost nothing at all. Large employers — especially in New York City — rarely succeed with the undue hardship defense because their resources make most accommodations feasible.

Under the NYCHRL, the standard is even harder for employers to meet. New York City courts scrutinize undue hardship claims closely and require employers to demonstrate a concrete, particularized burden — not just general inconvenience.

If your employer has denied your accommodation request by claiming undue hardship, do not take their word for it. An experienced disability rights attorney can evaluate whether the defense has any merit.

Damages Available in Disability Discrimination Cases

If your employer violated your rights, you may be entitled to substantial compensation, including:

Back pay — lost wages and benefits from the date of the adverse action
Front pay — future lost earnings if reinstatement is not feasible
Compensatory damages — compensation for emotional distress, anxiety, depression, and other harms caused by the discrimination
Punitive damages — additional damages to punish especially egregious employer conduct (available under the NYCHRL with no cap)
Attorney’s fees and litigation costs — recoverable under all three major statutes
Reinstatement — return to your position with full seniority and benefits
Injunctive relief — a court order requiring your employer to change its policies or practices

Under the NYCHRL, there is no cap on compensatory or punitive damages. Combined with the law’s broad definition of disability and liberal interpretation standard, this makes New York City one of the best jurisdictions in the country for disability discrimination claims.

Why Joya Law Firm for Your Disability Discrimination Case

Joya Law Firm, founded by attorney Kamran Joya, exclusively represents employees in workplace discrimination, wrongful termination, and retaliation cases across New York. We understand that disability discrimination strikes at your livelihood, your dignity, and your health — often all at once.

We bring:

Your disability does not define your value as an employee. We are here to make sure your employer understands that.

Frequently Asked Questions (FAQ)

What qualifies as a disability under New York employment law?

Under the ADA, a disability is a physical or mental impairment that substantially limits one or more major life activities, a record of such impairment, or being regarded as having one. The NYCHRL goes further — it covers virtually any physical, medical, mental, or psychological condition, including conditions controlled by medication, in remission, or perceived by the employer. Common qualifying conditions include chronic illnesses, mental health disorders, mobility impairments, sensory disabilities, and autoimmune conditions.

Can my employer fire me because of my disability?

No. Terminating an employee because of a disability is illegal under the ADA (42 U.S.C. § 12101), the NYSHRL (§ 296), and the NYCHRL (§ 8-107). If your employer fired you after learning about your condition, after you requested accommodations, or after a medical leave, you may have a strong disability discrimination or wrongful termination claim.

What is the interactive accommodation process?

The interactive process is a good-faith dialogue between you and your employer to identify reasonable accommodations that enable you to perform your job. Your employer is legally required to engage in this process when you disclose a disability and request an accommodation. Ignoring your request, demanding excessive documentation, or offering only token accommodations can all constitute a failure to accommodate.

Does my employer have to let me work from home as a reasonable accommodation?

It depends on whether remote work is feasible given your job duties. If your position can be performed remotely — and especially if your employer has allowed remote work for other employees or during circumstances like the COVID-19 pandemic — a refusal to grant remote work as an accommodation may violate the law. The key question is whether remote work would enable you to perform the essential functions of your job.

Are mental health conditions covered by disability discrimination law?

Yes. Depression, anxiety disorders, PTSD, bipolar disorder, OCD, and other mental health conditions are fully protected under the ADA, the NYSHRL, and the NYCHRL. Your employer must provide reasonable accommodations for mental health conditions, such as modified schedules, leave for therapy appointments, or a quieter workspace. Refusing to accommodate a mental health condition is no different from refusing to accommodate a physical one.

How long do I have to file a disability discrimination claim in New York?

Under federal law, you must file a charge with the EEOC within 300 days of the discriminatory act. Under the NYSHRL and the NYCHRL, you can file a lawsuit directly in court within three years of the adverse action. Filing with the New York State Division of Human Rights or NYC Commission on Human Rights may have different deadlines. Consult with a disability discrimination lawyer as soon as possible to preserve your options.

What damages can I recover in a disability discrimination case?

You may recover back pay, front pay, compensatory damages for emotional distress, punitive damages, attorney’s fees, and reinstatement. Under the NYCHRL, there is no cap on compensatory or punitive damages, making New York City one of the most favorable jurisdictions in the country for disability discrimination claims. The total amount depends on the severity of the discrimination and its impact on your career and well-being.

Take the Next Step

If your employer has denied your accommodation request, fired you after a medical leave, or treated you differently because of your disability, the law gives you the right to fight back.

Joya Law Firm represents employees across New York in disability discrimination cases. We will assess your situation, explain your legal options, and pursue the maximum recovery available to you.