Disability discrimination at work in New York: an overview

Three laws can protect a New York worker with a disability at the same time: the federal Americans with Disabilities Act (ADA), the New York State Human Rights Law (NYSHRL) and the New York City Human Rights Law (NYCHRL). The ADA states that it does not invalidate or limit any State or local law that gives people with disabilities greater or equal protection.⁠^[4] New York's highest court, the Court of Appeals, has said that the State law forbids employment discrimination on the basis of disability and that the City law provides even greater protection.⁠^[13]

This page is the starting point for the disability section of this guide. It sets out what the three laws cover, shows where they differ, and points to the page that takes each topic further.

Which law covers your employer?

Each law has its own rule on employer size.⁠^[1][2][3]

Law	Employers covered
Federal: ADA, employment title	An employer with 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year.⁠[1]
New York State: NYSHRL	All employers within the state. The definition has no minimum number of employees.⁠[2]
New York City: NYCHRL	For the employment discrimination provisions, every employer except one with fewer than four persons in its employ at all times during the period that starts twelve months before the unlawful practice began and runs through its end. Independent contractors working in furtherance of the business are counted.⁠[3]

Federal employees are covered by section 501 of the Rehabilitation Act, which uses the ADA's employment standards.⁠^[14] People who work for New York State face a separate limit under federal law: the U.S. Supreme Court has held that the Eleventh Amendment bars suits in federal court by state employees to recover money damages from the State under the ADA's employment title, while noting that state disability laws provide independent avenues of redress.⁠^[15] For more on headcounts, see which employers are covered.

What do the three laws prohibit?

Worse treatment because of a disability

The federal ADA prohibits a covered employer from discriminating against a qualified individual on the basis of disability in job application procedures, hiring, advancement, discharge, compensation, job training, and other terms, conditions and privileges of employment.⁠^[16] The NYSHRL makes it an unlawful discriminatory practice for an employer, because of a person's disability, to refuse to hire, to discharge, or to discriminate in compensation or in terms, conditions or privileges of employment.⁠^[17] The NYCHRL's employment provision reaches discrimination because of a person's "actual or perceived" disability.⁠^[18]

Failing to provide a reasonable accommodation

A reasonable accommodation is a change to the job or the workplace that lets a person with a disability do the work. Under the ADA, discrimination includes not making reasonable accommodations to the known physical or mental limitations of an otherwise qualified applicant or employee, unless the employer can demonstrate undue hardship.⁠^[8] Under the NYSHRL it is an unlawful discriminatory practice to refuse to provide reasonable accommodations to the known disabilities of an employee or prospective employee.⁠^[9] Under the NYCHRL it is unlawful not to provide a reasonable accommodation where the disability is known or should have been known by the employer.⁠^[10] See reasonable accommodation: what an employer has to do and how to request an accommodation.

Harassment

Under federal law, the U.S. Court of Appeals for the Second Circuit held in 2019 that hostile work environment claims can be brought under the ADA, using the federal test that asks whether harassment was sufficiently severe or pervasive to alter the conditions of employment.⁠^[19] The NYSHRL makes harassment because of disability unlawful "regardless of whether such harassment would be considered severe or pervasive" when it subjects a person to inferior terms, conditions or privileges of employment.⁠^[20] Under the NYCHRL, courts ask whether the employee was treated less well than other employees because of a protected characteristic.⁠^[21] The page on harassment because of a disability goes further.

Medical questions and examinations

Before a job offer, the federal ADA bars an employer from conducting a medical examination or asking an applicant whether they have a disability.⁠^[22] During employment, the ADA allows a required medical examination or disability inquiry only if it is shown to be job-related and consistent with business necessity.⁠^[23] The State regulation says an employer must not make pre-employment inquiries about the existence of a disability or the need for accommodation.⁠^[24] The NYC Commission on Human Rights says that requiring a medical exam before a conditional offer generally violates the NYCHRL.⁠^[25] Details are in can my employer ask about my health and disability discrimination in hiring.

Retaliation, and discrimination because of someone else's disability

The federal ADA prohibits discrimination against a person who opposed an act the ADA makes unlawful or who took part in an ADA charge, investigation or hearing.⁠^[26] The NYSHRL and the NYCHRL each bar retaliation, and each expressly lists requesting a reasonable accommodation as protected.⁠^[27][28] The ADA also prohibits denying a job or benefits because of the known disability of a person with whom the worker has a relationship or association, and the NYCHRL is to be construed to bar discrimination because of the actual or perceived disability of such a person.⁠^[29] See perceived disability and association discrimination and what is workplace retaliation.

Who has a "disability"?

Under the federal ADA, a person has a disability if they have a physical or mental impairment that substantially limits one or more major life activities, have a record of such an impairment, or are regarded as having one.⁠^[5] The NYSHRL covers a physical, mental or medical impairment that prevents the exercise of a normal bodily function or is demonstrable by medically accepted clinical or laboratory diagnostic techniques.⁠^[6] The NYCHRL covers any physical, medical, mental or psychological impairment, or a history or record of one.⁠^[7] The State Division of Human Rights' regulation says the State definition covers many conditions that have been found not to be disabilities under the ADA.⁠^[30] The full comparison is in what counts as a disability.

How do the accommodation rules differ?

Question	Federal (ADA)	New York State (NYSHRL)	New York City (NYCHRL)
Who has to show that an accommodation would have worked?	In the Second Circuit, the employee bears the burden of showing that some accommodation existed.⁠[31]	The Court of Appeals has said that at trial the employee has to prove that a reasonable accommodation existed.⁠[32]	The employer has the burden of proving undue hardship, and it is the employer's affirmative defense that the person could not do the job even with accommodation.⁠[33][32]
What if the employer never discusses the request?	In the Second Circuit, failure to engage in an interactive process is not a claim by itself without evidence that accommodation was possible.⁠[34]	The Court of Appeals has held that the employer generally cannot win summary judgment, but that the employee cannot win solely on that failure.⁠[35][36]	Failing to engage in a cooperative dialogue within a reasonable time is itself an unlawful discriminatory practice.⁠[37]
Is indefinite leave a possible accommodation?	The Second Circuit has said the duty to accommodate does not require holding a position open indefinitely.⁠[38]	The Court of Appeals has said indefinite leave is not considered a reasonable accommodation.⁠[39]	The Commission says no accommodation, including indefinite leave, is categorically excluded.⁠[40]

These points are developed in the interactive process and the cooperative dialogue, undue hardship and medical leave as an accommodation.

What are the deadlines, and where can a claim go?

Law	Agency filing	Court
Federal (ADA)	A charge with the EEOC within 300 days in New York.⁠[41][42]	A civil action within 90 days after the EEOC gives notice of the right to sue.⁠[43][42]
New York State (NYSHRL)	A complaint with the Division of Human Rights within three years; the three-year period applies to claims arising on or after February 15, 2024.⁠[44][45]	A court action within three years.⁠[46]
New York City (NYCHRL)	A complaint with the NYC Commission on Human Rights within one year.⁠[47]	A court action within three years.⁠[48]

Choosing a forum has consequences. Filing a complaint with the State Division or the City Commission is generally an election that bars a later court suit on the same State or City claim, subject to exceptions written into each statute.⁠^[49][50][51] See every deadline in one table, choosing where to file and, for government workers, the rules for public employees.

What can a claim recover?

The federal ADA borrows the remedies and procedures of Title VII, and compensatory and punitive damages under it are subject to federal caps.⁠^[52] Those caps run from $50,000 to $300,000 depending on the size of the employer.⁠^[53] In an ADA accommodation case, those damages may not be awarded if the employer demonstrates good-faith efforts, in consultation with the employee, to identify and make a reasonable accommodation.⁠^[54] The NYSHRL states no dollar limit on compensatory damages and allows punitive damages against private employers.⁠^[55][56] The NYCHRL allows a court action for damages, including punitive damages, and sets no dollar cap.⁠^[50] See damages in New York employment cases.

What do people commonly get wrong?

• "A condition has to be severe to count." The "substantially limits" test belongs to the ADA. The State and City definitions do not contain it.⁠^[5][6][7]
• "A temporary injury is never a disability." Under the EEOC's ADA regulation, the effects of an impairment lasting fewer than six months can be substantially limiting.⁠^[57] The State regulation protects a current employee with a temporary disability who will be able to do the job after a reasonable time for recovery.⁠^[58] The NYC Commission on Human Rights says temporary and short-term injuries may qualify under the NYCHRL.⁠^[59]
• "Ignoring an accommodation request is a violation everywhere." Under the NYCHRL, failing to engage in a cooperative dialogue within a reasonable time is itself unlawful.⁠^[37] Under the ADA in the Second Circuit and under the NYSHRL, a missing process is not by itself enough for the employee to win.⁠^[34][36]
• "The City's disability guidance dates from 2018." The edition of the NYC Commission on Human Rights' disability guidance now posted is dated December 2025.⁠^[60]

How common are disability complaints?

In fiscal year 2025 the EEOC received 88,201 charges nationwide, of which 36,256, or 41.1%, alleged disability discrimination; a charge can allege more than one basis.⁠^[61] The New York State Division of Human Rights reported that disability was the most frequently cited basis in the 8,403 complaints it received in its fiscal year 2024, at 39%.⁠^[62]

Guides in this section

• What counts as a disability
• Reasonable accommodation
• How to request an accommodation
• The interactive process and the cooperative dialogue
• Undue hardship
• Medical leave as an accommodation
• Remote work, schedule changes and reassignment
• Mental health conditions
• Fired while out sick or on medical leave
• Pregnancy, childbirth and lactation accommodations
• How the leave laws fit together
• Addiction, alcoholism and medical cannabis
• Temporary injuries and short-term conditions