Allred, Maroko & Goldberg has long represented employees whose disabilities were ignored, dismissed, or used against them in the workplace. Disability discrimination often occurs quietly, through denied accommodations, forced leave, or subtle acts to exclude or isolate, but the law provides powerful protections for workers in both California and New York City.
In fact, California and NYC have some of the strongest disability rights laws in the United States, offering broader coverage and stronger remedies than federal law alone.
What Is Considered a Disability Under the Law?
Disability is defined far more broadly than many employees realize. A disability may be physical, mental, or medical and it does not need to be permanent or visible.
Examples may include:
- Chronic illnesses
- Mental health conditions such as anxiety or depression
- Autoimmune disorders
- Pregnancy-related medical conditions
- Injuries requiring temporary limitations
- Post-traumatic stress disorder (PTSD)
If a condition limits a major life activity, even temporarily, it may qualify for legal protection.
If you’re unsure whether your condition is legally protected, we’re here to help.
Federal Disability Protections Are Only the Starting Point
The Americans with Disabilities Act (ADA) prohibits discrimination against qualified employees with disabilities and requires employers to provide reasonable accommodations.
However, the ADA applies only to employers with 15 or more employees and often sets a higher bar for proving disability.
California and NYC laws go much further.
California Disability Protections for Employees
Broad Definition of Disability
California’s Fair Employment and Housing Act (FEHA) defines disability more expansively than federal law. Conditions that may not qualify under the ADA often still qualify under California law.
Even temporary or episodic conditions may be protected.
Strong Accommodation Requirements
California employers must engage in a good-faith interactive process to identify reasonable accommodations. These may include:
- Modified duties
- Flexible schedules
- Remote or hybrid work
- Medical leave
- Assistive equipment
Employers may not deny accommodations without demonstrating undue hardship.
Call Allred, Maroko & Goldberg today to speak with an experienced legal advocate.
Disability Leave as an Accommodation
Medical leave itself may be a reasonable accommodation under California law, even beyond the 12-weeks FMLA or its California equivalent, the California Family Rights Act (CFRA) provide. Employers who refuse additional leave without analysis may violate the law.
NYC Disability Protections for Workers
NYC Human Rights Law: Among the Strongest in the Nation
The NYC Human Rights Law also provides some of the most employee-friendly disability protections in the country.
Key features include:
- A very broad definition of disability
- Coverage for small employers
- Lower burden of proof for employees
- Strong remedies for violations
Employers must prove that no reasonable accommodation was possible.
Protection From Discriminatory Treatment
NYC employers may not:
- Refuse to hire or promote due to disability
- Force employees on unpaid leave when they can perform their job with a reasonable accommodation
- Retaliate for requesting accommodations
- Use disability as a pretext for termination
Failure to engage in the interactive process alone may support a claim.
If you’re unsure whether your rights were violated, we’re here to help.
Retaliation for Requesting Accommodations Is Illegal
Employees often fear retaliation after requesting accommodation for their disability. Retaliation may include:
- Termination or demotion
- Reduced hours or responsibilities
- Increased scrutiny
- Negative performance evaluations
Retaliation is illegal regardless of whether the employer ultimately denies the accommodation request.
Common Disability Discrimination Scenarios
Disability discrimination often appears in subtle ways, such as:
- Claiming accommodations are “too inconvenient”
- Reassigning employees to lesser roles
- Pressuring employees to resign
- Firing employees shortly after disclosure
Patterns matter. Timing matters. Documentation matters.
Call Allred, Maroko & Goldberg today if you believe disability discrimination occurred.
What to Do If Your Disability Rights Were Violated
Document the Process
Keep records of:
- Accommodation requests
- Employer responses
- Medical documentation provided
- Changes in the workplace after disclosure
Avoid Resigning Without Legal Advice
Resigning can affect your legal claim. An attorney can help you assess next steps strategically.
Speak with an Employment Attorney
Disability law is complex and varies by jurisdiction. Experienced legal guidance can help you understand your rights and remedies.
Why Employees Trust Allred, Maroko & Goldberg
Disability discrimination cases require persistence, credibility, and an unwavering commitment to justice.
Allred, Maroko & Goldberg was founded by Gloria Allred, one of the nation’s most recognized and respected civil rights attorneys. Her decades-long advocacy for marginalized individuals has shaped disability rights enforcement nationwide.
That legacy continues as the firm fights for , retaliation, and workplace injustice.
Frequently Asked Questions About Disability Laws
Do I have to disclose my disability to be protected?
Generally, yes, but disclosure should be handled carefully.
Can my employer ask for medical documentation?
Limited documentation may be requested, but excessive demands may be unlawful.
Can I be fired while on disability leave?
Termination during leave may be illegal depending on the circumstances.
Get the Justice You Deserve
No employee should be punished for needing accommodation or managing a medical condition. If your employer denied your rights under California or NYC disability laws, you may have powerful legal options.
Allred, Maroko & Goldberg is ready to fight for you. Contact us today to schedule a confidential consultation.