When Your Request for Help Becomes Your Pink Slip: Understanding Your Rights
Imagine finally working up the courage to ask your employer for the wheelchair ramp you need, only to find yourself cleaning out your desk two weeks later. If you’ve been fired after requesting disability accommodations, you’re experiencing one of the most devastating forms of workplace discrimination—and you’re not alone. The Americans with Disabilities Act (ADA) explicitly prohibits employers with 15 or more employees from terminating workers based on disability or for requesting reasonable accommodations. Yet every day, employees face illegal retaliation simply for asking for the adjustments they need to perform their jobs effectively. Understanding your rights and the legal protections available to you is the first step toward justice and recovery.
💡 Pro Tip: Start documenting everything immediately after requesting accommodations—save emails, write down verbal conversations with dates and witnesses, and keep copies of any medical documentation you provided to your employer.
Federal and State Protections Against Disability Discrimination in the Workplace
Both federal and New York State laws provide robust protections for employees with disabilities, making it illegal to fire someone for requesting reasonable accommodations. Under the ADA, you’re considered disabled if you have a physical or mental impairment that limits a major life activity (such as seeing, walking, or hearing), have a record of such impairment, or are regarded as having this impairment. The New York State Human Rights Law offers even broader protections, covering all employers regardless of size and defining disability as any physical, mental, or medical impairment that prevents the exercise of a normal bodily function or is demonstrable by medically accepted diagnostic techniques. When consulting with a wrongful termination lawyer in New York, they’ll evaluate your case under both sets of laws to maximize your protection.
What makes these protections particularly powerful is that employers cannot retaliate against you for asserting your rights. Anti-discrimination laws specifically prohibit employers from taking adverse action against employees who request accommodations, file complaints about discrimination, or participate in discrimination investigations. This means that even if your employer claims your termination was for “performance issues” or “restructuring,” the timing and circumstances surrounding your accommodation request could reveal illegal retaliation.
💡 Pro Tip: You don’t need to use specific legal terminology when requesting accommodations—simply letting your employer know you need an adjustment or change at work for a reason related to a medical condition is sufficient under the law.
Understanding Reasonable Accommodations and Employer Obligations
Reasonable accommodations are any changes in a workplace or the way things are done to help a person with a disability apply for, perform, or enjoy the benefits of a job. These modifications can take many forms, from physical changes like installing wheelchair ramps or providing accessible parking spaces, to operational adjustments like restructuring work hours for medical treatments or providing specialized equipment. When working with a wrongful termination lawyer in New York, they’ll assess whether your requested accommodation was reasonable and whether your employer properly engaged in the interactive process required by law.
Employers must provide reasonable accommodations unless doing so would cause “undue hardship”—meaning significant difficulty or expense in light of the employer’s size, financial resources, and business needs. However, this standard is high, and employers cannot simply claim inconvenience or minor costs as undue hardship. For instance, allowing an employee with cancer to adjust their schedule for weekly treatments or providing voice recognition software for someone with carpal tunnel syndrome typically doesn’t constitute undue hardship for most employers.
The Interactive Process: Your Employer’s Legal Duty
Once you request an accommodation, your employer must engage in what’s called the “interactive process”—a good-faith dialogue to determine appropriate accommodations. This process is mandatory, and employers who refuse to participate or who terminate employees instead of exploring accommodations violate the law. We’ve seen cases where employers claimed no accommodation was possible, yet never actually discussed options with the employee. This failure alone can establish liability, regardless of whether a perfect accommodation existed. The key is that employers must try, and terminating an employee who requests accommodations suggests they didn’t fulfill this obligation.
💡 Pro Tip: Request accommodations in writing and suggest specific solutions—this shows you’re being reasonable and creates a clear record of your employer’s response or lack thereof.
Recognizing Illegal Retaliation After Accommodation Requests
Retaliation for requesting disability accommodations can be subtle or blatant, but it’s always illegal. Beyond outright termination, retaliation might include sudden negative performance reviews, exclusion from meetings or projects, demotion, pay cuts, or hostile treatment from supervisors. New York State law and the ADA both prohibit these retaliatory actions, and a wrongful termination lawyer in New York can help identify patterns that prove retaliation even when employers try to disguise their true motives.
The timing of adverse actions is often the smoking gun in retaliation cases. If you received positive performance reviews for years but suddenly faced criticism after requesting accommodations, or if your termination occurred suspiciously soon after your request, these temporal connections can establish a prima facie case of retaliation. Courts recognize that employers rarely admit discriminatory motives, so circumstantial evidence like timing, departure from normal procedures, and shifting explanations for termination all support retaliation claims.
Building Your Retaliation Case: Evidence That Matters
Strong retaliation cases often include evidence of disparate treatment—showing that similarly situated employees without disabilities weren’t terminated for comparable issues. Documentary evidence is crucial: emails expressing frustration about accommodation requests, notes from meetings where your disability was discussed negatively, or written warnings that suddenly appeared after your accommodation request all strengthen your case. Your wrongful termination lawyer in New York will also look for “pretext”—evidence that the employer’s stated reason for termination is false or exaggerated to hide discrimination.
💡 Pro Tip: If your employer suddenly starts documenting minor infractions after your accommodation request, this could be them building a pretextual case for termination—report this pattern to HR in writing immediately.
New York’s Enhanced Protections and Recent Legal Developments
New York State provides some of the strongest disability discrimination protections in the country, going beyond federal requirements in several key ways. The New York State Human Rights Law covers all employers regardless of size, meaning even small businesses with fewer than 15 employees must comply with disability accommodation requirements. Additionally, New York courts must construe the state Human Rights Law independently from federal statutes, with federal protections serving as a floor below which state protections cannot fall. This means consulting with a wrongful termination lawyer in New York who understands state-specific advantages is crucial for maximizing your claim.
Recent developments have strengthened protections even further. For discriminatory acts occurring on or after February 15, 2024, the statute of limitations for filing complaints with the Division of Human Rights extended from one year to three years, giving wrongfully terminated employees more time to pursue justice. The state also requires employers to maintain confidentiality of medical information and explicitly recognizes that leave itself can constitute a reasonable accommodation—meaning firing someone for taking medical leave could violate both accommodation and anti-retaliation provisions.
The NYC Factor: Additional Protections Near Melville
For those working in or near New York City, including many Nassau and Suffolk residents who commute to the city, the NYC Human Rights Law provides even broader protections. The NYC Commission on Human Rights enforces requirements for a “cooperative dialogue” process between employers and employees to determine accommodations. This formal process creates additional documentation requirements for employers and provides more opportunities to establish violations when employers fail to engage properly. The NYC law’s broader definition of disability and stronger remedies can benefit employees even if they live in Nassau County but work in the city.
💡 Pro Tip: If you work in NYC but live on Long Island, you may have claims under federal, state, and city laws—each with different deadlines and remedies, making early consultation with an attorney essential.
Frequently Asked Questions
Understanding Your Rights and Options
Navigating wrongful termination claims while dealing with a disability can feel overwhelming. These common questions address the concerns we hear most often from clients facing discrimination after requesting accommodations.
💡 Pro Tip: Write down all your questions before consulting with an attorney—even seemingly small details about your termination could be legally significant.
Taking Action and Next Steps
Understanding the legal process helps reduce anxiety and allows you to make informed decisions about pursuing your wrongful termination claim. Here’s what you need to know about moving forward.
💡 Pro Tip: Don’t wait to seek legal advice—early consultation helps preserve evidence and ensures you meet all filing deadlines while memories and documents are still fresh.
1. Can my employer fire me for requesting a disability accommodation even if they claim it’s for another reason?
No, employers cannot use pretextual reasons to terminate employees who request accommodations. If the timing of your termination closely follows your accommodation request, or if the stated reason seems manufactured or inconsistent with your work history, this could indicate illegal retaliation. Courts look beyond surface explanations to examine whether discrimination was the real motivating factor.
2. What if my employer says my requested accommodation would be too expensive?
Employers must prove “undue hardship” with concrete evidence about costs relative to their resources. Simply claiming expense isn’t enough—they must show the accommodation would cause significant difficulty or expense considering their size, financial resources, and business operations. Countless accommodations cost less than $500. Many more cost nothing at all.
3. Do I need to prove I’m disabled to win a wrongful termination case?
You need to show you have a qualifying disability under the ADA or New York State Human Rights Law, but the definition is broad. It includes physical or mental impairments that substantially limit major life activities, having a record of such impairment, or being regarded by your employer as having a disability. Your medical documentation and how your employer treated you both matter.
4. How long do I have to file a claim after being wrongfully terminated for requesting accommodations?
You must file with the EEOC within 180 days of termination (300 days if also filing with New York State). For state claims, you have three years if terminated after February 15, 2024, or one year for earlier terminations. These deadlines are strict—missing them can bar your claim entirely, regardless of how strong your case is.
5. What damages can I recover in a disability discrimination wrongful termination case?
Successful claims can recover back pay, front pay, lost benefits, emotional distress damages, attorney’s fees, and in cases of intentional discrimination, punitive damages. Some plaintiffs also obtain reinstatement or policy changes to prevent future discrimination. The specific remedies depend on which laws apply and the severity of your employer’s conduct.
Work with a Trusted Wrongful Termination Lawyer
When you’ve been terminated after requesting disability accommodations, you need more than just legal representation—you need an advocate who understands both the law and the personal impact of workplace discrimination. The intersection of disability rights and employment law requires insight into federal, state, and, potentially, local protections. Experienced attorneys know how to identify evidence of pretext, document the interactive process failures, and present compelling arguments that connect your accommodation request to your termination. They also understand the emotional toll of losing your job while managing a disability and can guide you through the legal process with both professionalism and compassion.
