Disability discrimination does not always come in the form of a clear refusal. Sometimes it begins with seemingly small resistances to accommodations. Delays. Sudden changes in attitude after a medical disclosure. Then a demotion, termination, or exclusion from opportunities.
If you have a disability and believe your employer treated you differently because of it, New York law gives you the right to challenge that conduct. Filing a complaint is one option, but how and where you file can shape what happens next.
What Qualifies as Disability Discrimination?
Disability discrimination occurs when an employer treats an employee or applicant unfavorably because of a physical, mental, or medical condition that qualifies as a disability under the law.
Two primary laws apply in New York:
The Americans with Disabilities Act (ADA), a federal law
The New York State Human Rights Law (NYSHRL), which often provides broader protection
Discrimination may involve termination, demotion, failure to hire, unequal discipline, or refusal to provide reasonable accommodations. Employers are required to engage in a cooperative dialogue when accommodations are requested. Ignoring that obligation can itself violate the law.
Step 1: Preserve Records and Communications
Before filing anything, organize documentation. Save emails, internal messages, medical accommodation requests, performance reviews, and written policies. If conversations occurred verbally, write down what was said and when.
Patterns matter. So does timing. If treatment changed after you disclosed a condition or requested accommodations, that sequence may become important.
Step 2: Decide Where to File Your Complaint
In New York, disability discrimination complaints are typically filed with either:
The Equal Employment Opportunity Commission (EEOC)
The New York State Division of Human Rights (NYSDHR)
The choice is not just procedural. It affects deadlines, available remedies, and how quickly you may move toward litigation.
Filing with the EEOC: If you plan to pursue federal claims under the ADA, you must first file a charge with the EEOC. In New York, you generally have 300 days from the discriminatory act to file. The EEOC may investigate, offer mediation, or issue a Notice of Right to Sue. Once a Right to Sue letter is issued, you typically have 90 days to file a lawsuit in federal court.
Filing with the New York State Division of Human Rights: Under state law, you generally have one year to file a complaint with the NYSDHR. The agency will investigate and may hold hearings or attempt resolution. New York law often defines disability more broadly than federal law, which can make the state forum advantageous in some cases. Choosing the right path depends on the facts, your goals, and the legal strategy.
Step 3: Participate in the Investigation
Once filed, the agency will request documents from your employer and may ask for additional information from you. Investigations can take months. Employers frequently retain counsel early in the process.
Preparation before filing helps avoid missteps during this phase.
Step 4: Consider Resolution or Litigation
Some cases resolve through mediation or settlement during the agency process. Others proceed to court after administrative requirements are satisfied.
The strength of the documentation, the employer’s response, and the timing of the complaint all influence leverage.
Additional Protections for New York City Employees
If you work in New York City, the New York City Human Rights Law provides even broader protections. The city standard for proving discrimination is often more favorable to employees than federal law.
Where you work physically, and where decisions are made, can affect which law applies.
When to Speak with a New York Disability Discrimination Lawyer
You do not need to wait until you are terminated to seek guidance. Many employees consult a lawyer while still employed, especially when accommodation requests are being denied or delayed.
An experienced New York disability discrimination lawyer can evaluate whether your employer complied with its legal obligations, help determine the best forum for filing, and advise on preserving claims before deadlines expire.
Protect Your Position Before Deadlines Pass, Contact Our New York Employment Attorneys Today
Disability discrimination claims are governed by strict filing timelines. Once a deadline closes, certain remedies may no longer be available. Evidence can also become harder to secure as time passes.
Mizrahi Kroub LLP represents employees across New York in disability discrimination and accommodation disputes. As a plaintiff-side employment law firm based in New York City’s Financial District, we understand how employers approach these cases and how to build them strategically from the beginning.
If you believe your disability influenced how you were treated at work, contact Mizrahi Kroub LLP to speak with a New York disability discrimination lawyer. Getting informed guidance early allows you to evaluate your options and decide what path makes sense before filing deadlines limit them.
