Do you know what actions to take if your employer does not comply with your disability accommodation needs? If you encounter a situation where your accommodation request is denied or ignored, New York law gives you several options to push back.
First, ask your employer for a written explanation. Employers are required to provide one, along with information about your right to appeal. If the reason for their denial is vague or unsupported, it may signal a legal violation.
It's also important to begin documenting everything. Keep copies of:
- emails or written requests to HR or supervisors;
- any responses (or lack thereof);
- medical documentation provided in support of your request; and
- notes from meetings or phone calls discussing your condition or job duties.
This paper trail can be useful if you decide to pursue a complaint or take legal action. If your employer retaliates, such as by changing your duties, denying advancement, or creating a hostile environment, document that too. Retaliation is a separate legal violation under federal law.
Consulting an employment attorney early in the process on can help you understand your rights and determine whether your employer has acted unlawfully.
Filing a Discrimination Complaint in New York State
If your employer refuses to provide an accommodation and you believe the decision is unjustified, you may file a formal complaint. In New York, this can be done through:
- the New York State Division of Human Rights (DHR);
- if in New York City, the New York City Commission on Human Rights (CCHR); or
- the Equal Employment Opportunity Commission (EEOC) for federal claims.
You do not have to decide immediately, but filing deadlines are strict: one year under state and city law, and 300 days for EEOC claims.
The complaint process usually begins with an intake interview, where you explain your situation and provide supporting documents. The agency may offer mediation, launch an investigation, or dismiss the claim. If the agency finds probable cause, it can hold a hearing or allow you to sue.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
