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Discrimination & civil rights · Your right

Reasonable accommodation at work in New York: disability, pregnancy and religion

Updated By The editorial teamNot reviewed by an attorney — based on the official sources below

In short

Under New York's Human Rights Law, an employer must provide a reasonable accommodation for an employee's or applicant's known disability or pregnancy-related condition — for example, modified equipment, an accessible workspace, job restructuring or a changed schedule — unless it would cause undue hardship (Executive Law § 296(3)). Employers must also accommodate sincerely held religious practices, such as a Sabbath or religious dress, unless they can't without undue hardship (§ 296(10)). This applies to employers of every size. You may need to provide medical information, which must be kept confidential, and it is illegal to retaliate against you for asking.

Read on for the details, the exceptions and the sources.

In plain words

Reasonable accommodation
A change at work that lets you do the job in a reasonable manner: equipment, an accessible worksite, support services, job restructuring, a modified schedule (Executive Law § 292(21-e)).
Undue hardship
Significant difficulty or expense for the employer, judged by its size, type of operation and the cost of the accommodation.
Pregnancy-related condition
A medical condition related to pregnancy or childbirth, including lactation, that limits a normal bodily function or can be shown medically (§ 292(21-f)).
Known disability
A disability the employer knows about — usually because you told them. Ask clearly.

What is it?

Executive Law § 296(3)(a) makes it unlawful for an employer, licensing agency, employment agency or union to refuse reasonable accommodations to the known disabilities or pregnancy-related conditions of an employee, job applicant or member. A reasonable accommodation is an action that lets you do the activities of the job in a reasonable manner, such as an accessible worksite, new or modified equipment, support services for people with impaired hearing or vision, job restructuring and modified work schedules (§ 292(21-e)).

Separate rules protect religious practice: an employer can't require you to give up a sincerely held religious practice — such as observing a Sabbath or holy day, or wearing religious attire or facial hair — unless, after a bona fide effort, it shows it can't reasonably accommodate you without undue hardship (§ 296(10)). Employees who are victims of domestic violence also have a right to reasonable time off for listed needs — medical care, shelter or counseling services, safety planning, legal services or court appearances — unless it causes undue hardship; the employer may require you to use paid leave if available (§ 296(22)(c)).

Who qualifies?

Employees and job applicants of any employer in New York (§ 292(5)) who have a disability or pregnancy-related condition. "Disability" is broad: a physical, mental or medical impairment that prevents a normal bodily function or can be shown by medically accepted tests, a record of such an impairment, or being regarded as having one (§ 292(21)). For employment, it covers disabilities that, with reasonable accommodation, don't prevent you from doing the job in a reasonable manner. Pregnancy-related conditions are treated as temporary disabilities (§ 292(21-f)).

The federal ADA has similar rules for employers with 15 or more employees; New York's law reaches smaller employers too.

Exceptions

  • Undue hardship: an employer doesn't have to provide an accommodation it can show would impose undue hardship on its business (§ 296(3)(b)).
  • The accommodation must let you do the job in a reasonable manner; the law doesn't require keeping someone in a job they can't perform even with accommodation (§ 292(21)).
  • Religious time off may have to be made up or charged to paid leave other than sick leave where practicable, or may be unpaid (§ 296(10)(b)).
  • The employer must know: an employer is generally only required to accommodate a known disability or condition, so tell them.

How much?

There's no dollar amount: the right is to a reasonable change at work. The duty to provide it is on the employer (§ 296(3)(a)), and the employer can refuse only if it shows undue hardship, which is measured partly by the cost of the accommodation compared with the employer's size and budget (§ 296(3)(b)). An employer that refuses without a valid reason may be ordered by the Division of Human Rights to stop the practice, take corrective action and pay damages (§ 297(4)(c)).

How is it calculated?

Undue hardship is weighed case by case using three factors in § 296(3)(b): (i) the overall size of the business — number of employees, number and type of facilities, and budget; (ii) the type of operation, including the composition and structure of the workforce; and (iii) the nature and cost of the accommodation needed. A small schedule change at a large company will rarely be an undue hardship; an expensive building change at a tiny shop might be. For religious practice, the employer must first make a bona fide effort to accommodate (§ 296(10)(a)).

What documents do you need?

  • A written request describing your condition in general terms and the change you need
  • If asked, medical information from your provider confirming the condition and why the accommodation helps — you must cooperate with reasonable requests (§ 296(3)(d))
  • Copies of the employer's answers and any proposed alternatives
  • For religious accommodation, a short explanation of the practice and what you need (for example, Fridays after sundown off)

How do you get it?

  1. Ask in writing

    Email your supervisor or HR. Say you have a disability, pregnancy-related condition or religious practice, and describe the change you need. You don't need special words.

  2. Provide information if asked

    Give the medical or other information reasonably needed to verify the condition or consider the request. You have a right to have medical information kept confidential (§ 296(3)(d)).

  3. Discuss options

    If your employer proposes a different accommodation that works, consider it. Keep notes of every conversation.

  4. Get the answer in writing

    Ask for a written decision. If it's a no, ask what undue hardship the employer is relying on.

What if they refuse?

Refusing a reasonable accommodation without undue hardship is an unlawful discriminatory practice (§ 296(3)(a)), and punishing you for asking is unlawful retaliation (§ 296(7)). You can file a complaint with the NYS Division of Human Rights, free, by phone at (844) 697-3471 or online, or bring a claim in court. If your employer has 15 or more employees, you may also file an EEOC charge under the ADA. If the Division finds a violation, it can order the employer to stop, take corrective action such as reinstatement with back pay, and pay damages (§ 297(4)(c)).

Deadlines

  • Division of Human Rights: within three years of the discriminatory act (Executive Law § 297(5)).
  • EEOC (federal): generally within 300 days in New York, because a state agency enforces a similar law.
  • NYC Commission on Human Rights (New York City): generally within one year.
  • Ask early: the sooner you request an accommodation in writing, the clearer the record.

Frequently asked questions

Do I have to tell my employer my diagnosis?

You need to tell them enough to show you have a disability or pregnancy-related condition and need a change. If asked, you must cooperate in providing medical information needed to verify it, and you have the right to have it kept confidential (Executive Law § 296(3)(d)).

Can my employer force me to take leave because I'm pregnant?

Not if you can still do the job in a reasonable manner. Executive Law § 296(1)(g) makes it unlawful to compel a pregnant employee to take a leave of absence unless the pregnancy prevents her from performing the job in a reasonable manner.

I work for a company with eight employees. Do they have to accommodate me?

Yes. The New York Human Rights Law covers all employers in the state (§ 292(5)). Size matters only in weighing undue hardship.

Can I be fired for asking?

No. Retaliating against someone for requesting a reasonable accommodation is an unlawful discriminatory practice (Executive Law § 296(7)).

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Official sources

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This page is general information based on the official sources listed, current as of the update date. It is not legal advice and does not replace a review of your own situation; if a case is already in court, a deadline is close, the amount is large, or there are criminal, immigration or family-law consequences, talk to a lawyer or legal aid.