Navigating the workplace with a disability can raise difficult questions, especially when it comes to what you're required to share with your employer. One of the most common is: Do you have to tell your employer about your disability?
At Mizrahi Kroub LLP, our New York disability discrimination lawyers help employees understand their rights under state and federal law. Whether you're considering disclosing your condition or facing discrimination after doing so, we're here to guide you every step of the way.
Are You Required to Disclose a Disability at Work?
In most situations, you are not required to disclose your disability to your employer. However, if you need a reasonable accommodation to perform your job duties, disclosure is necessary to begin that process.
Both the Americans with Disabilities Act (ADA) and the New York State Human Rights Law protect employees with disabilities from discrimination. These laws ensure that qualified workers have equal access to opportunities, resources, and fair treatment in the workplace.
When Disclosure Might Be the Right Choice
While disclosure is optional in many cases, there are times when it can help you succeed at work.
- Requesting Accommodations: If your disability requires changes to your workspace, schedule, or job duties, you'll need to notify your employer so accommodations can be made.
- Ensuring Safety: If your condition could impact workplace safety for you or others, disclosure can help employers implement safe, effective measures.
- Preventing Misunderstandings: If your disability affects performance or attendance, early communication can help address potential concerns before they escalate.
Protecting Yourself After Disclosure
Unfortunately, some employees experience unfair treatment after revealing a disability. If that happens, it's important to protect yourself and know your legal options.
- Document Everything: Keep written records of requests, communications, and any employer responses related to your disability or accommodations.
- Understand Your Rights: Both the ADA and the New York State Human Rights Law prohibit discrimination or retaliation based on disability status.
- Get Legal Guidance: A disability discrimination attorney in NYC can help you recognize violations, collect evidence, and pursue justice if necessary.
What to Do If You Experience Disability Discrimination
If you believe your employer has treated you unfairly because of your disability, take these steps:
- Raise the Issue Internally: Contact your HR department or manager to report the behavior.
- File a Formal Complaint: You can file with the Equal Employment Opportunity Commission (EEOC) or the New York State Division of Human Rights (NYSDHR).
- Speak with an Employment Attorney: A New York ADA lawyer can help you navigate the complaint process, build a case, and protect your employment rights.
Work With an Experienced Disability Discrimination Lawyer in New York
Deciding whether to disclose a disability is deeply personal and legally complex. At Mizrahi Kroub LLP, we represent employees across New York who have faced disability discrimination, retaliation, or been denied accommodations.
With 50 + years of collective experience, more than $1 billion recovered, and 5,000 + cases settled, our firm stands ready to protect your rights and restore your sense of security at work.
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.
