Discrimination on the basis of Disability is illegal under both state and federal law. Employers cannot refuse to hire someone or actively treat an employee negatively because she has a disability. The laws that provide protections against this kind of behavior are the New York State Human Rights Law (“NYSHRL”), the New York City Human Rights Law (“NYCHRL”) and the Americans with Disabilities Act (“ADA”). All of these laws are aimed at fostering environments of inclusivity and accessibility in order to allow people with disabilities to do as everyone else does in the workforce.
The NYCHRL is one of the most broad and remedial in the country broader than its federal counterpart, the ADA. It is to be construed “independently from similar or identical provisions of New York State or federal statutes,” such that “similarly worded provisions of federal and state civil rights laws [are] a floor below which the City’s Human Rights law cannot fall, rather than a ceiling above which the local law cannot rise.” Additionally, all exemptions in the NYCHRL must be narrowly construed “to maximize deterrence of discriminatory conduct.”

Under the ADA, an individual is considered “disabled” if she has, or is regarded as having, a physical or mental impairment that substantially limits the ability of the individual to perform one or more major life activities. The ADA defines “major life activities” as things like “caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working,” as well as “the operation of a major bodily function, including … functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.” Additionally, under this law, the individual must have a record of such impairment.
By comparison, under the NYSHRL, a “disability” is more liberally construed. A “disability” has been proven according to the NYSHRL if you can show one of three things: “any physical, medical, mental, or psychological impairment, or a record of such impairment, or a condition regarded by others as such an impairment.” This definition is much broader than the ADA, as it does cover temporary or transitory conditions. However, the NYSHRL is more limited than the ADA in another way, because it requires the individual to prove that her disability be “demonstrable by medically accepted clinical or laboratory diagnostic techniques,” and be “reasonably accommodated” in the workplace.
Luckily, the NYCHRL is the broadest of them all, and applies to all individuals within New York City. Under the NYCHRL, a “disability” is defined as simply “any physical, medical, mental or psychological impairment, or a history or record of such impairment.” And by “physical, medical, mental, or psychological impairmentthe NYCHRL is referring to “any impairment of any system of the body, including, but not limited to: the neurological system; the musculoskeletal system; the special sense organs and respiratory organs . . . speech organs; the cardiovascular system; the reproductive system; the digestive and genito-urinary systems; the hemic and lymphatic systems; the immunological systems; the skin; and the endocrine system.”

If you have a condition that qualifies as a disability, your employer cannot take an adverse action against you because of your disability or refuse to reasonably accommodate your needs on account of your disability. The NYSHRL and the NYCHRL mandate not only that employers may not treat you differently because you have a disability, but that they must take affirmative steps to any reasonable accommodation you need on account of your disability. These kinds of reasonable accommodations include things like rearranging the office space to allow employees to do their jobs without impediments, modifying an employee’s job duties, or even just granting a couple extra days off so that the employee can go to see her doctor.
If your employer has refused to make the workplace accessible for you, or has penalized you for your requests for a reasonable accommodation for a condition, you might have a claim for Disability Discrimination. There are many conditions that can qualify as a disability under the ADA, NYSHRL, and/or the NYCHRL, and our veteran Employment Law attorneys can help you determine what laws protect your condition. The Shalom Law legal team has had years of experience dealing with all the facets of Disability Discrimination and is eager to discuss your case with you.