A disability should never cost you your job.

No one should be sidelined, demoted, or pushed out of a job because of a disability or a medical condition. When an employer treats a job applicant or employee worse because of a physical impairment, a mental or emotional condition, or both, that is disability discrimination, and the law forbids it. It can look like a refusal to hire, a firing, the denial of training or a promotion, unequal pay, or the refusal to provide a reasonable accommodation the employer could have made without any real hardship. Dudani Law holds employers accountable when they cross that line.

What our clients typically experience

Many of our clients asked for one reasonable change, a schedule shift, time for treatment, a piece of equipment, and were met with silence, pushback, or a sudden problem with their performance. They are not asking for special treatment. They are asking to do their job, and the law usually agrees they should be able to.

Three Laws May Protect You, and We Use Every One That Helps

Employees in New York can be covered by as many as three overlapping anti-discrimination laws at once: the federal Americans with Disabilities Act, the New York State Human Rights Law, and the New York City Human Rights Law. New Jersey workers are protected by the New Jersey Law Against Discrimination. Each statute defines "disability" differently and sets its own coverage rules, and the differences matter. Part of our job is figuring out which law, or combination of laws, gives you the strongest possible claim.

What Disability Discrimination Looks Like

Disability discrimination happens whenever an employer takes an adverse action against a worker or applicant because of a disability. The law protects you whether your impairment is something you actually have, something you had in the past, or something your employer simply believes you have. Among the conditions and situations we handle are cancer-related discrimination, FMLA interference and retaliation, heart conditions, mental-health conditions, and a wide range of other medical conditions. Common warning signs include:

• Remarks that an employee "can't handle the work" or "isn't qualified" because of a condition
• Belittling or mocking comments about an employee's disability
• Denying time off for medical treatment, or firing the employee rather than granting it
• Refusing to make a workspace or facility physically accessible
• Passing a qualified employee over for assignments or advancement because of a disability

Types of Disability Discrimination

Disability discrimination claims under federal, New York, and New Jersey law take several recognized forms, and a single case often involves more than one:

• Disparate treatment, including termination, demotion, or refusal to hire because of a disability
• Failure to provide a reasonable accommodation
• Failure to engage in the interactive process, known in New York City as the cooperative dialogue
• Perceived-disability discrimination, where the employer regards you as disabled whether or not you are
• Discrimination based on a record or history of impairment
• Associational discrimination, based on your relationship to a person with a disability
• Disability-based harassment and hostile work environment
• Improper medical inquiries or required exams not tied to the job
• Interference with medical leave, including FMLA interference
• Retaliation for requesting an accommodation or asserting your rights

Signs You May Have a Claim

• You disclosed a diagnosis or asked for an accommodation, and your treatment at work changed soon after.
• A reasonable request (a schedule change, leave for treatment, equipment, accessible space) was brushed off with no real discussion.
• You were told you are "not a fit," "too much of a liability," or "can't keep up" after a condition became known.
• You were passed over, demoted, or terminated while less qualified colleagues without your condition were not.
• Comments or jokes about your condition were tolerated by management.

Federal Law: The Americans with Disabilities Act (ADA)

The ADA is the federal statute that bars disability discrimination. It applies to employers with at least 15 employees, and it protects people who are both qualified for the job and have a disability. Under the ADA you can establish a disability in three ways: (1) you have a physical or mental impairment that substantially limits a major life activity, such as walking, seeing, hearing, learning, or concentrating; (2) you have a record or history of such an impairment; or (3) your employer regards you as having one. The law also protects employees from discrimination based on their relationship to a person with a disability.

Discrimination is prohibited in every aspect of employment, hiring, firing, pay, job assignments, training, promotions, and layoffs. Harassment counts too: when harassment tied to a disability is severe or frequent enough to create a hostile work environment or leads to an adverse employment decision, it is unlawful. And the ADA requires employers to provide a reasonable accommodation to qualified employees and applicants unless doing so would impose an undue hardship.

New York State: The Human Rights Law (NYSHRL)

The New York State Human Rights Law tracks the ADA in many respects but reaches further. Following amendments that took full effect on February 8, 2020, the state law now covers employers of every size, the old four-employee minimum is gone, so even the smallest businesses are bound by it.

The state definition of disability is broad: a medical, mental, or physical impairment arising from anatomical, physiological, genetic, or neurological conditions that prevents the normal exercise of a bodily function or can be demonstrated through accepted clinical or laboratory diagnostic techniques, along with a record of such an impairment or being perceived as having one, so long as the impairment does not prevent you from reasonably performing the job. To obtain an accommodation under state law, you must show you can perform the job's essential functions if the accommodation is provided; the employer may then raise undue hardship as a defense. The 2019 amendments also lowered the bar for harassment claims, which now need only rise above petty slights and trivial inconveniences.

New York City: The Human Rights Law (NYCHRL)

The city law is the most protective of the three. It covers employers with four or more employees, and independent contractors who work in furtherance of the business, along with certain family members on the payroll, count toward that total. It defines disability more broadly than either federal or state law to include any physical, medical, mental, or psychological impairment, or a history of one, across virtually every bodily system. Most importantly, the city law flips the burden of proof: rather than requiring you to show you are qualified to do the job with or without an accommodation, it puts the burden on the employer to show that you are not qualified or that an accommodation would be an undue hardship. The reasoning is simple, the employer, not the applicant, knows what the job actually requires and which accommodations it can offer.

Reasonable Accommodations and the Cooperative Dialogue

A reasonable accommodation is a change to how, when, or where work is done that lets a qualified employee perform the job. Examples include modifying a work schedule, making a facility accessible (for instance, installing ramps), altering tests or training materials, adjusting break schedules so an employee can take medication, providing or modifying equipment, and granting medical leave when needed.

Your employer's duty can be triggered two ways: it must consider an accommodation once it knows of your disability and your need for one, and you may also expressly request an accommodation. Under New York City law, once you ask, your employer must engage in a good-faith "cooperative dialogue" to identify a workable accommodation, and must give you a written final determination stating whether it was granted or denied. An employer can decline only if the accommodation would be a genuine undue hardship; a range of factors goes into that analysis, and a minor expense generally does not qualify.

Retaliation Is a Separate Violation

Your employer cannot punish you for exercising your rights, whether that means requesting a reasonable accommodation, complaining to HR, or filing a charge with the EEOC. Retaliation occurs when an employer takes an adverse action against you because of that protected activity. In some cases, a retaliation claim is more straightforward to prove than the underlying discrimination claim itself.

How to Document

• Keep careful notes of dates, times, locations, and the names of any witnesses.
• Save relevant emails and messages, including any accommodation request and the employer's response.
• Hold onto medical documentation that supports your need for an accommodation.
• Preserve performance reviews from before and after your condition became known.
• Keep any written final determination on an accommodation request, which New York City law requires.

What You Can Recover

The remedies available depend on which law you proceed under. The ADA allows compensatory and punitive damages and attorneys' fees, but it caps the combined amount of compensatory and punitive damages based on the size of the employer. The New York City Human Rights Law imposes no such caps: compensatory damages are limited only by what a jury concludes flows from what you endured, punitive damages are restricted only by constitutional limits, attorneys' fees are recoverable, and civil penalties may also be available. Remedies under New York State law have likewise expanded in recent years. We pursue the full measure of what you are owed.

Steps to Take If You Believe You Were Discriminated Against

• Document everything. Keep careful notes of dates, times, locations, and the names of any witnesses, and save relevant emails and messages.
• Consider an internal report. Raising the issue with human resources or a designated compliance officer creates a record and can trigger the employer's duty to engage on an accommodation.
• Talk to a lawyer. A disability discrimination attorney can help you file the right charges, meet strict deadlines, and represent you in negotiations or in court. Acting promptly matters, because there is a statute of limitations and waiting can cost you valuable rights.

Why Clients Choose Dudani Law

• Individualized strategy. We tailor our approach to the facts of your case, not a template.
• Thorough investigation. We dig in, gather the evidence, and build a case designed to win.
• Aggressive advocacy. We are relentless at the negotiating table and in the courtroom.
• Clear communication. You hear from us, and you understand where your case stands.
• No fee unless we win. We handle disability discrimination cases on a contingency basis.

Frequently Asked Questions

Which laws prohibit disability discrimination?

At the federal level, the Americans with Disabilities Act prohibits discrimination based on a worker's or applicant's disability, including both intentional bias and policies that deny people with disabilities equal access to workplace opportunities. Being fired because of a disability is discrimination; so is denying a reasonable accommodation to a qualified employee when the accommodation would not be an undue hardship. The New York State Human Rights Law and the New York City Human Rights Law prohibit disability discrimination as well, and often offer broader protection.

What is mental disability discrimination?

Mental illnesses and psychiatric conditions are disabilities in the eyes of the law. An employer may not discriminate against you because you have a mental-health condition, or because it perceives you as having one, and you are entitled to a reasonable accommodation, such as a modified or more flexible schedule, as long as you are qualified and the accommodation is not an undue hardship. You are also entitled to a workplace free of harassment based on your condition.

What is physical disability discrimination?

Physical disability discrimination occurs when you are treated differently at work because of a physical impairment you have, had in the past, or are perceived to have. For example, if your employer allows coworkers to harass you because of your disability or denies you a promotion because of it, those are forms of physical disability discrimination.

Are HIV and AIDS considered disabilities?

Yes. People who are HIV-positive or living with AIDS are protected under the ADA and the New York State Human Rights Law. Even asymptomatic HIV is treated as a physical impairment that substantially limits a major life activity. The ADA also protects employees who face discrimination because of a known relationship or association with someone who is HIV-positive, and state law extends protection to employees of smaller employers.

Can I get an accommodation for attention deficit disorder (ADD)?

Most likely. A diagnosis of ADD typically affects the major life activity of concentrating. As long as you are otherwise qualified and the accommodation would not be an undue hardship, you may be entitled to measures such as a more flexible schedule, additional time to complete assignments, or a modified workspace.

Are accommodations available for carpal tunnel syndrome?

Usually, yes. Carpal tunnel syndrome is common, especially among clerical and administrative workers, and often results from repetitive typing. Reasonable accommodations can include a modified schedule, additional breaks, an ergonomic evaluation that leads to a specialized keyboard or chair, and medical leave when necessary.

Is diabetes a disability?

In most cases, yes, because diabetes affects the major life activity of processing sugars. Reasonable accommodations could include breaks to administer insulin and time off for medical appointments.

Are accommodations available for dyslexia?

Yes. As long as you are otherwise qualified for the job, you should be able to obtain accommodations for dyslexia, for example additional time for reading-related tasks or training delivered orally rather than in writing.

Are migraines covered?

Yes. Migraines can interfere with your ability to perform tasks, attend work, or finish a workday because of light and sound sensitivity, impaired vision, difficulty concentrating, and pain. Employers may not permit a hostile work environment based on disabling migraines or make employment decisions because of them, and you are entitled to reasonable accommodations, such as an adjusted or flexible schedule, unless they would cause an undue hardship.

What accommodations may be available for PTSD?

According to the EEOC, most people with PTSD will be considered to have a disability under the ADA, because PTSD limits the major life activity of brain function. You generally do not have to disclose PTSD to your employer unless you need an accommodation to perform essential job functions, and your employer may require a medical exam only if it is job-related and consistent with business necessity.

Is there an accommodation available for Tourette syndrome?

The Department of Justice has taken the position that Tourette syndrome is a disability covered by the ADA. Even so, some employees encounter difficulty asserting their rights, in part because courts sometimes disagree about what qualifies as a major life activity. Because interacting with others and working are major life activities, and people with Tourette syndrome often face challenges in those areas, a reasonable accommodation may well be available, and an experienced lawyer can help you navigate the interactive process with your employer.