In New York, employees who have disabilities are entitled to reasonable accommodations under state and federal law. While the Americans with Disabilities Act (ADA) only covers employers with 15 or more employees, the New York State Human Rights Law covers employers regardless of size. Both of these laws include similar protections—and they both allow employees to hold their employers accountable when they fail (or refuse) to meet their legal obligations.
What Is a “Reasonable” Accommodation for a Disability?
Under state and federal law, covered employers in New York are required to provide reasonable accommodations for their employees’ disabilities (when their employees request them). This raises an important question: What is a “reasonable” accommodation for a disability?
For a disability accommodation to be considered reasonable, it must not cause “undue hardship” to the employer. An undue hardship can involve untenable out-of-pocket costs, unmanageable interference with the employer’s operations, or other impacts that the employer cannot reasonably sustain.
However, as the U.S. Department of Labor (DOL) notes, “[m]any job accommodations cost very little and often involve minor changes to a work environment, schedule or work-related technologies.” As the DOL also notes, some measures that constitute disability accommodations can also be beneficial for all of a company’s employees. As a result, employers must carefully consider employees’ requests for disability accommodations; and, if an employer cannot meet an employee’s specific request, it may still need to make another accommodation that is reasonable under the circumstances.
With this in mind, understanding what constitutes a “reasonable” accommodation for a disability in any particular situation requires an understanding of both the employee’s specific needs and the employer’s specific capabilities. Recognizing that this is the case, some examples of potential reasonable accommodations for disabilities include:
- Modifying the employer’s facilities (i.e., installing wheelchair ramps or making restrooms accessible to individuals with disabilities)
- Modifying the layout of existing facilities (i.e., moving desks or cabinets so that employees with wheelchairs can move freely)
- Acquiring ergonomic workstations, floor pads or other types of equipment that allow employees with disabilities to work safely and comfortably
- Acquiring and installing accessible and assistive technologies (i.e., providing screen-reading software or using a videoconferencing service that provides captions)
- Providing sign language interpreters, large-print materials, or materials in Braille
- Providing greater flexibility for breaks and scheduling during the work day
- Restructuring job positions so that employees with disabilities can work full-time
- Allowing employees with disabilities to work modified schedules or part-time
- Allowing employees with disabilities to work from home (and acquiring video conferencing tools or other capabilities as necessary)
- Amending the employer’s existing policies to allow service animals or other necessary means of support for employees with disabilities
These truly are just examples. Reasonable accommodations for disabilities can take many other forms as well—and, again, it is important for employees to focus on their specific needs within the context of their employment. What is reasonable for one employee in one context won’t necessarily be reasonable for another, and employees who need disability accommodations must ensure that they have a clear understanding of what they can (and should) expect from their employers.
How Do You Request a Reasonable Accommodation for a Disability in New York?
Employees with disabilities who need reasonable accommodations must request them from their employers. While employers must provide reasonable accommodations for disabilities under the ADA and the New York State Human Rights Law, they are not required to do so proactively (though they must generally comply with accessibility requirements and other statutory mandates).
When requesting reasonable accommodations, employees must do so clearly (and they should do so in writing), and they should request a specific accommodation that will meet their needs. However, there are no “magic words” for requesting an accommodation, and employers must respond to all valid requests in good faith.
When responding to employees’ requests for disability accommodations, employers in New York essentially have three options:
- Grant the reasonable accommodation requested;
- Offer an alternate reasonable accommodation; or,
- Deny the request on the basis of undue hardship (and the unavailability of reasonable alternatives).
While denials will be warranted in some cases, more often than not, employers will need to work with their employees to find a mutually agreeable way to meet their employees’ needs. In most cases, there will be multiple options available, and employers must consider all options that are suitable under the circumstances at hand.
What if Your Employer Denies Your Request for a Disability Accommodation?
Given everything we’ve discussed, what can (and should) you do if your employer denies your request for a disability accommodation in New York?
If your employer has denied your request for a disability accommodation, there are a few key questions you need to answer. The answers to these questions will determine your legal rights and the options you have available:
- Do you qualify as an “employee” under New York law (as opposed to an “independent contractor”)?
- Does your medical condition qualify as a “disability” under the ADA or the New York State Human Rights Law?
- Is your employer able to provide a reasonable accommodation for your disability?
If the answer to each of these questions is “Yes,” an experienced New York disability discrimination lawyer will be able to help you assert your legal rights. Depending on the circumstances, this may involve working with your lawyer to obtain a reasonable accommodation, or it may involve taking legal action. If you decide to take legal action, negotiating a settlement is a possibility as well—though there are no guarantees, and you will need to ensure that you are making informed decisions based on your lawyer’s advice.
Discuss Your Legal Rights with a New York Disability Discrimination Lawyer at Bell Law Group
If you have questions about seeking a disability accommodation or dealing with a disability accommodation denial in New York, we invite you to get in touch. To discuss your legal rights with an experienced New York disability discrimination lawyer at Bell Law Group, give us a call at 516-280-3008 or tell us how we can help online today.
