3 Key Takeaways
- Three laws protect New York employees with disabilities, and state and city laws are stronger than federal law.
- Since 2019, New York State no longer requires harassment to be “severe or pervasive” — you just need to show you were treated worse because of your disability.
- New York City’s laws are the most wide reaching, requiring only that you were treated “less well” than others.
Harassment at work due to a disability is not OK
If you’ve been dealing with harassment at work because of a disability, you may be wondering whether what’s happening to you actually “counts” legally. The answer depends on where you work and which law applies — but New York workers have some of the strongest protections in the country.
The three laws that may apply
Depending on where you work, one or more of these laws may protect you:
- Federal law: The Americans with Disabilities Act (ADA) covers you if your company has 15 or more employees.
- New York State law: The New York State Human Rights Law (NYSHRL) covers most employees of companies statewide
- New York City law: The New York City Human Rights Law (NYCHRL) applies within the five boroughs and offers the broadest protections of the three.
What “hostile work environment” actually means
A hostile work environment isn’t just a rude comment or one bad day. Legally, it means harassment serious enough to change the conditions of your employment. Under the ADA, the bar is high — you’d need to show either one extraordinarily severe incident, or a pattern of conduct persistent enough to alter your working conditions. Isolated incidents, even cruel ones, often don’t meet this threshold under federal law.
How New York State law changed in 2019
This is where it gets better for New York workers. In October 2019, the state amended the NYSHRL to remove the “severe or pervasive” requirement entirely for claims filed after that date. Now you just need to show you were subjected to inferior terms or conditions of employment because of your disability. That’s a significant improvement.
One thing to keep in mind: Employers can still defend themselves by arguing the conduct was nothing more than petty slights or trivial inconveniences. But the law no longer lets serious, ongoing mistreatment go unaddressed just because it didn’t rise to an extreme level. And if you didn’t report the harassment internally, that alone won’t automatically shield your employer from liability.
New York City workers have even more protection
If you work in New York City, the NYCHRL sets the lowest bar of all. You don’t need to prove the harassment was severe or pervasive — you just need to show you were treated “less well” than others because of your disability. Courts are required to interpret the city law broadly in favor of employees.
A real example: In Kugel v. Queens Nassau Nursing Home Inc. (2021), an employee’s state law claim was dismissed because her interactions with the employer were too infrequent. But the same facts supported a city law claim, because the employer’s emails showed clear indifference to her disability. Same situation, two different outcomes depending on which law applied.
Your options for filing a claim
If you think you have a claim, you can file a complaint with the New York State Division of Human Rights or bring a civil lawsuit in court — but generally not both at the same time.
Choosing one path typically closes the other, which is a big reason why speaking with an attorney before filing anything is worth the time. If any of this sounds familiar to your situation, reach out to our team for a conversation about your options.
If you are unsure you should seek counsel
If you have questions about if any of the above applies to you and/or your situation, never just sit back and do nothing. It is always better to reach out to our team at VKV to see if there is something you can do to make things right.
