If you were fired after requesting a reasonable accommodation for a disability, pregnancy, or religious practice in New York, you may have grounds for a wrongful termination lawsuit. Employers in New York are legally required to engage in an interactive process and provide reasonable accommodations unless doing so would create an undue hardship. If your employer instead retaliated against you by terminating your employment, they may be in violation of federal, state, and local anti-discrimination laws.
👉Also Read: Disability Discrimination in the Workplace: How NYC Laws Protect Employees with Hidden Disabilities
Know Your Legal Protections When Requesting a Reasonable Accommodation
Several laws protect New York employees from discrimination, sexual harassment, and retaliation when requesting reasonable accommodations:
Americans with Disabilities Act (ADA)
- The ADA applies to private employers with 15 or more employees and prohibits discrimination based on disability.
- Employers must provide reasonable accommodations unless they can prove that doing so would impose an undue hardship (significant difficulty or expense).
New York State Human Rights Law (NYSHRL)
- Covers all employers in New York, regardless of size.
- Offers broader protections than federal law, making it easier to prove disability discrimination or retaliation.
- Requires employers to engage in an interactive process when employees request accommodations.
New York City Human Rights Law (NYCHRL)
- Applies to all NYC employers with four or more employees.
- Requires employers to provide accommodations not only for disabilities but also for:
- Pregnancy and related conditions (e.g., needing extra breaks, light duty, or a modified schedule).
- Religious practices (e.g., schedule changes for religious observances, dress code modifications).
- Lactation needs (NYC requires employers to provide lactation rooms).
Family and Medical Leave Act (FMLA)
- If you requested medical leave as a reasonable accommodation, your employer may have violated the FMLA, which entitles eligible employees to 12 weeks of unpaid leave for serious health conditions.
Was Your Firing Retaliatory? Signs of Employer Retaliation
If you were fired shortly after requesting an accommodation, this could be illegal retaliation. Employers may try to cover up their true motives by using pretextual reasons, such as:
- Sudden negative performance reviews after years of good evaluations.
- Unrealistic workload increases leading up to your termination.
- Being written up for minor infractions that were ignored in the past.
- Being laid off while others in your position kept their jobs.
- Employer hostility after your accommodation request (e.g., refusing to discuss options, making negative remarks, or isolating you).
If any of these red flags apply to your situation, you may have a strong wrongful termination claim under the state employment laws or the Civil Rights Act.
Steps to Take After Being Fired for Requesting an Accommodation
Step 1: Gather Evidence to Support Your Case
Before pursuing legal action, collect documentation to support your claim:
- Your initial accommodation request (emails, HR forms, or written communications).
- Medical documentation if your request was disability-related.
- Employer’s response (or lack of response) to your request.
- Performance reviews before and after your request to show retaliation.
- Termination letter and any explanations given for your firing.
- Witness statements from colleagues who saw discriminatory behavior.
Step 2: File a Complaint with the Appropriate Agency
You may need to file a formal complaint before filing a lawsuit. Your options include:
- Equal Employment Opportunity Commission (EEOC) – You have 300 days from the date of termination to file under federal law.
- New York State Division of Human Rights (NYSDHR) – You have one year to file under state law.
- New York City Commission on Human Rights (NYCCHR) – NYC employees also have one year to file under city law.
Filing a complaint can trigger an investigation and potential settlement negotiations with your employer.
Step 3: Consider Filing a Wrongful Termination Lawsuit
If your employer refuses to settle or the agency finds wrongdoing, you can file a wrongful termination lawsuit. You may be entitled to:
- Back Pay – Compensation for lost wages from the time of termination.
- Front Pay – Wages you would have earned in the future if not fired.
- Emotional Distress Damages – Compensation for anxiety, depression, and suffering.
- Punitive Damages – Additional penalties if your employer’s conduct was willful and malicious.
- Attorney’s Fees – Your employer may be required to pay your legal costs.
In disability discrimination cases, an experienced law firm in New York City can provide you with a case evaluation followed by legal representation to recover compensation for you under local laws.
How Our Disability Discrimination Lawyer NYC Will Prove Wrongful Termination
If you were fired after requesting a reasonable accommodation for a disability in New York City, you may have grounds for a wrongful termination lawsuit under the Americans with Disabilities Act (ADA), New York State Human Rights Law (NYSHRL), and New York City Human Rights Law (NYCHRL).
At Levine & Blit, our experienced disability discrimination lawyer in New York will build a strong case by collecting critical evidence to prove that your employer illegally retaliated against you. Here are the key types of evidence we will gather to maximize your compensation in a wrongful termination claim.
Direct Evidence of Retaliation After Requesting an Accommodation
Written Communications with Your Employer
- Emails, text messages, or letters between you and your employer regarding your accommodation request
- Any refusal, delay, or hostility in response to your request
- HR correspondence showing an employer’s failure to engage in the required interactive process
Statements from Your Supervisor or HR
- Any verbal or written comments that suggest a retaliatory motive
- Statements like:
- “We don’t make special exceptions here.”
- “You’re becoming a liability.”
- “Maybe this isn’t the right job for you anymore.”
- Negative remarks after you requested an accommodation (e.g., being labeled as “difficult” or “problematic”)
Evidence of Employer’s Failure to Engage in the Interactive Process
Under federal, state, and city laws, employers must engage in an interactive process when an employee requests a reasonable accommodation. We’ll prove that your employer violated this obligation by gathering evidence such as:
- HR policies and employee handbooks showing the company’s accommodation procedures
- Documentation of your accommodation request (including any doctor’s notes or medical records provided)
- Lack of a response from your employer or evidence that they dismissed your request without consideration
- Unfair denials of reasonable accommodations that would not impose an undue hardship
Performance Evaluations and Work History
If your employer claims you were fired for performance reasons, our disability discrimination attorney NY will collect:
- Performance reviews before and after your accommodation request. If your reviews were positive before your request but suddenly became negative after, this suggests retaliation.
- Work attendance records to dispute any claims of excessive absences.
- Promotions, raises, or recognition you received before requesting the accommodation, proving you were a valued employee.
Sudden Changes in Treatment After Your Request
If you suffer discrimination or experience unfair treatment after requesting a reasonable accommodation, our legal team will collect evidence showing a pattern of retaliation, including:
- Unfair write-ups or disciplinary actions following your request
- Increased workload or impossible expectations imposed to force you to quit
- Demotion, pay cuts, or job duty changes that negatively impacted you
- Isolation or mistreatment by supervisors or coworkers after your request
These sudden changes in treatment can serve as strong evidence that your firing wasn’t justified but rather an act of retaliation.
Comparison with Other Employees
Our attorneys will look at how your employer treated other employees to prove discrimination and retaliation. We will:
- Compare your treatment to similarly situated employees who did not request accommodations
- Identify employees with similar job performance who were not terminated
- Prove disparate treatment if other employees were granted accommodations while yours was denied
This evidence helps establish a pattern of discrimination, strengthening your wrongful termination claim.
Witness Testimony from Colleagues
Our legal team will collect statements from coworkers, HR personnel, and other witnesses who can:
- Confirm your accommodation request and any negative reactions from management
- Describe changes in your employer’s attitude or treatment toward you after your request
- Testify that other employees received accommodations without being fired
Witness testimony is critical in proving retaliation and wrongful termination under New York City law.
Employment Contracts, Severance Agreements, and Company Policies
We will review:
- Your employment contract for any violations of agreed-upon policies
- Severance agreements to determine if your employer included illegal waivers of your rights
- Company policies on disability accommodations to prove your employer did not follow proper procedures
If your employer failed to comply with their own disability accommodation policies, this strengthens your workplace discrimination claim.
Timeline of Events Leading to Termination
A sudden termination shortly after requesting an accommodation is a red flag for retaliation. Our attorneys will establish a timeline showing:
- The date you requested an accommodation
- Any adverse actions taken against you after the request
- The date of termination and any excuses given by the employer
A close timeline between the request and termination is strong evidence of retaliation.
Financial Damages to Maximize Your Compensation
To ensure you recover full compensation, our attorneys will collect:
- Pay stubs and tax returns to calculate lost wages
- Records of lost benefits (e.g., health insurance, bonuses, retirement contributions)
- Medical bills and therapy costs if you suffered emotional distress due to wrongful termination
- Job search records showing how termination impacted your future earnings
This evidence is vital for obtaining maximum compensation for your wrongful termination case.
👉Also Read: Protecting Your Rights—What Every NYC Employee Needs to Know About Unfair Dismissal and Discrimination
How Levine & Blit Can Help You Fight for Justice
At Levine & Blit, we are aggressive trial attorneys with experience in disability discrimination and wrongful termination cases in New York City. When we take your case, we will:
- Conduct a thorough legal analysis of your termination
- Collect and preserve key evidence to strengthen your claim
- Negotiate aggressively with your employer for a favorable settlement
- Take your case to court if your employer refuses to offer fair compensation
With over 30 years of employment law success, we have secured millions for employees who faced illegal retaliation.
Take Action Now – Protect Your Rights
If you were fired after requesting a reasonable accommodation, you don’t have to fight alone. Our New York City employment discrimination attorneys at Levine & Blit will hold your employer accountable and fight for the largest possible financial compensation you are entitled to. Call us at 646-461-6838 for a free phone evaluation or contact us online.