New York Disability Law Alert: The Law in New York relating to Reasonable Accommodations has been Strengthened
The Americans with Disabilities Act (ADA), New York State Human Rights Law (NYHRL), and New York City Human Rights Law (NYCHRL) prohibit employers from retaliating against employees for engaging in protected activity. A protected activity may be a request by a person with a disability for a reasonable accommodation. Before now, New York Courts have treated this differently depending on the applied law: recognizing a request for an accommodation as protected activity under the ADA and NYCHRL, but not under the NYSHRL.
On December 5, 2025, that distinction was expressly eliminated. Senate Bill S3398 amends the NYSHRL, which now expressly recognizes a request for an accommodation as protected activity, bringing it into alignment with federal law and the NYCHRL. Retaliation on that basis is now clearly prohibited throughout New York State.
