Employees who have disabilities have clear legal rights under New York and federal law. This is true for employees in the public and private sectors, and while the federal Americans with Disabilities Act (ADA) only applies to private-sector employers with 15 or more employees, the New York State Human Rights Law (SHRL) applies to all employers regardless of size.
Understanding Your Right to a Reasonable Accommodation as an Employee with a Disability in New York
One of the legal rights afforded to employees with disabilities under the ADA and SHRL (and under the Rehabilitation Act for those in the federal sector) is the right to a reasonable accommodation. Under federal law, a disability accommodation is defined as “any change in the work environment or in the way things are customarily done that enables an individual with a disability to enjoy equal employment opportunities.” The definition under New York’s SHRL is similar. As the U.S. Equal Employment Opportunity Commission (EEOC) goes on to explain, disability accommodations generally fall into three broad categories:
- “[M]odifications or adjustments to a job application process that enable a qualified applicant with a disability to be considered for the position such qualified applicant desires;”
- “[M]odifications or adjustments to the work environment, or to the manner or circumstances under which the position held or desired is customarily performed, that enable a qualified individual with a disability to perform the essential functions of that position;” and,
- “[M]odifications or adjustments that enable a[n] . . . employee with a disability to enjoy equal benefits and privileges of employment as are enjoyed by its other similarly situated employees without disabilities.”
The EEOC describes employers’ obligation to provide reasonable accommodations as a “fundamental” requirement, as it helps ensure that disabled individuals are not denied job opportunities or benefits based solely on their disabilities. However, the “reasonable” qualifier for mandatory accommodations is critical—as it means that both: (i) employers have a say in the specific accommodations they provide; and (ii) employers are not necessarily required to provide accommodations in all cases.
What is a “Reasonable” Accommodation?
So, what qualifies as a “reasonable” accommodation for a disability under the ADA, Rehabilitation Act or New York’s SHRL? Generally, a disability accommodation will be considered reasonable if it does not impose an “undue hardship” on the employee’s employer. The EEOC makes this clear, stating in its guidance for employers:
“It is a violation of the ADA to fail to provide reasonable accommodation to the known physical or mental limitations of a qualified individual with a disability, unless to do so would impose an undue hardship on the operation of your business.”
Similarly, the New York City Commission on Human Rights advises that, “[a]n employer must provide reasonable accommodations unless doing so would create an undue hardship for the employer.”
What constitutes an undue hardship—and what constitutes a reasonable accommodation—will vary from case to case. For example, while improving accessibility for employees with disabilities may be cost-prohibitive for some small businesses, this could be well within the budget of larger companies. Likewise, while restructuring job positions in order to accommodate workers with disabilities might be feasible for some companies, it might not be feasible for others.
These are just two examples, and they highlight another important aspect of the reasonable accommodation provisions of both New York and federal law. This is the requirement for employers to engage in the interactive process.
Why Are Employers Required to Engage in the Interactive Process?
Employees who are protected under the ADA, Rehabilitation Act and New York’s SHRL have the right to request specific reasonable accommodations to meet their needs. However, employers do not necessarily have to provide the specific accommodations their employees request. Instead, employers can propose alternate reasonable accommodations, provided that they engage in the interactive process.
Engaging in the interactive process is also a requirement when employers cannot provide a requested accommodation due to undue hardship. As the EEOC explains to employers, under the ADA:
“If a particular accommodation would be an undue hardship, you must try to identify another accommodation that will not pose such a hardship. If cost causes the undue hardship, you must also consider whether funding for an accommodation is available from an outside source . . . and if the cost of providing the accommodation can be offset by state or federal tax credits or deductions. You must also give the applicant or employee with a disability the opportunity to provide the accommodation or pay for the portion of the accommodation that constitutes an undue hardship.”
In other words, an employee’s request for a reasonable accommodation is not a take-it-or-leave-it proposition. Instead, it is quite the opposite. When a qualifying employee requests a reasonable accommodation—whether under the ADA, Rehabilitation Act or New York’s SHRL—the employer must generally work with the employee to try to find a solution that works for both of them. If there are no viable solutions, only then is it appropriate to deny an accommodation based on undue hardship.
What if You Have Been Denied a Reasonable Accommodation for Your Disability?
With all of this in mind, what are your legal rights if you have been denied a reasonable accommodation for your disability? While individual circumstances vary, you may have a disability discrimination claim in this scenario. Improperly denying a request for a reasonable accommodation is considered a form of disability discrimination under the ADA, Rehabilitation Act and New York’s SHRL. An experienced New York disability discrimination lawyer will be able to help you understand your legal rights, and if warranted, your lawyer will be able to take legal action on your behalf.
Speak with a New York Disability Discrimination Lawyer About Your Legal Rights in Confidence
Do you have questions about your legal rights after being denied a reasonable accommodation in New York? If so, we invite you to get in touch. To speak with an experienced New York disability discrimination lawyer at Bell Law Group in confidence, please call 516-280-3008 or request a free consultation online today.
