The New York State Human Rights Law (Executive Law Article 15, Exec. Law § 296) prohibits discrimination against employees and applicants with disabilities. This law applies to all employers with four or more employees. "Disability" is broadly defined to include physical, mental, and medical conditions (including past or perceived conditions), covering a wider range than federal standards. Both full-time and part-time workers are protected, as are job applicants and independent contractors in certain situations.
New York employers must provide reasonable accommodations to qualified individuals with disabilities so they can perform their job's essential functions. Under the State Human Rights Law, reasonable accommodations can include modified work schedules, accessible worksites, assistive technology, job restructuring, or modified policies. Adjustments must be provided unless doing so would impose an undue hardship on the business. The law also requires reasonable accommodations for pregnancy, religious observance, and domestic violence victims.
When an employee requests an accommodation—or when the need for one is obvious—employers should start an interactive process promptly. This process involves open dialogue about the individual’s needs and potential solutions. Employers can request limited documentation if a disability or need is not clear, but requests should only seek information relevant to the accommodation. While New York State law does not specify exact response deadlines, the Division of Human Rights expects timely and good-faith responses to requests. Prolonged delays can be considered a violation.
If an employer fails in their accommodation obligations, employees may file complaints with the New York State Division of Human Rights. The Division investigates, and if discrimination is found, employers may face orders to restore rights, pay damages (including lost wages and emotional distress damages), and cover attorney fees. In some cases, civil penalties or mandatory training may be imposed. Complaints must usually be filed within one year of the alleged violation.
Managing accommodation requests under New York State Human Rights Law (Exec. Law Art. 15) can be tedious—multiple forms, interactive‑process deadlines, and cross‑department coordination all add complexity.
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- Train managers on the broad definition of "disability" in New York and know how to respond if an employee brings up a need—whether or not “accommodation” is mentioned.
- Document all interactive process steps, from the initial request to final resolution.
- Maintain confidentiality by storing documentation in secure, separate files.
- Avoid delays; handle requests as quickly as practical to prevent claims of inaction.
- Consider each case individually—avoid one-size-fits-all responses.
