Disability Employment Rights: What Every Worker Should Know

If you have a disability—visible or invisible—you have rights in the workplace. These rights are protected by federal law, reinforced by state regulations, and designed to ensure that disability is never a barrier to earning a living, growing in your career, or being treated with dignity at work.

Yet many workers with disabilities don't fully understand what protections are available to them, when those protections apply, or what to do when their rights are violated. This guide breaks down the essentials in plain language.

The Americans with Disabilities Act (ADA)

The Americans with Disabilities Act, signed into law in 1990 and amended in 2008, is the cornerstone of disability employment rights in the United States. Title I of the ADA specifically addresses employment and applies to employers with 15 or more employees.

Under the ADA, it is illegal for covered employers to:

• Discriminate against a qualified individual with a disability in hiring, firing, promotion, pay, or any other term of employment
• Ask disability-related questions or require medical exams before making a conditional job offer
• Refuse to provide reasonable accommodations unless doing so would cause undue hardship
• Retaliate against someone for requesting an accommodation or filing a discrimination complaint

Reasonable Accommodations: What They Are and How to Request Them

A reasonable accommodation is any change to the work environment, job duties, or workplace policies that enables a person with a disability to perform the essential functions of their job. Accommodations are not special treatment—they are a legal right.

Common Examples of Reasonable Accommodations

• Modified work schedule — Flexible start times, compressed work weeks, or additional break time
• Assistive technology — Screen readers, magnification software, voice-to-text tools, ergonomic equipment
• Physical workspace changes — Accessible desk height, quieter workspace, proximity to restrooms
• Job restructuring — Reassigning non-essential tasks that a disability prevents you from performing
• Remote work options — Working from home when the job can be performed remotely
• Communication adjustments — Written instructions instead of verbal, a sign language interpreter, or extra time for processing

How to Request an Accommodation

You do not need to use the words "reasonable accommodation" to make a request. You simply need to communicate to your employer that you need a change because of a medical condition. Here's a practical approach:

1. Put it in writing. While verbal requests are legally valid, a written request creates a record. Email your supervisor or HR department.
2. Be specific about what you need. Instead of "I need help," try "I would benefit from a flexible start time of 9:30 instead of 8:00 due to a medical condition that affects my mornings."
3. Provide documentation if requested. Your employer may ask for a letter from your doctor confirming the need for accommodation. They cannot ask for your full medical records.
4. Engage in the interactive process. The law requires both you and your employer to work together in good faith to find an effective accommodation.

Disclosure: Do You Have to Tell Your Employer?

This is one of the most common questions workers with disabilities face, and the answer is nuanced.

You are not required to disclose your disability to an employer. During the application process, employers cannot ask whether you have a disability or require a medical exam. After a conditional job offer, they can ask disability-related questions, but only if they ask all applicants in the same job category.

However, if you need a reasonable accommodation, you will need to disclose enough information for your employer to understand the need. You don't have to share your diagnosis—only that you have a condition that requires a specific workplace adjustment.

Deciding whether and when to disclose is a personal choice. Some factors to consider:

• Do you need an accommodation to perform your job effectively?
• Would disclosure help your coworkers and supervisor understand your work style better?
• Is your workplace culture supportive and inclusive?
• Are there specific situations (like medical appointments or flare-ups) that would be easier to navigate with disclosure?

Organizations like Innovative Placements can help you think through this decision and even practice the conversation before you have it.

New York State Protections

In addition to federal ADA protections, New York State provides additional safeguards through the New York State Human Rights Law (NYSHRL). Key differences from the ADA include:

• Broader coverage: The NYSHRL applies to employers with four or more employees (compared to the ADA's 15-employee threshold)
• Broader definition of disability: New York's definition of disability is more expansive than the federal definition
• Additional enforcement: Complaints can be filed with the New York State Division of Human Rights in addition to the federal EEOC

What to Do If Your Rights Are Violated

If you believe you've experienced disability discrimination at work, you have options:

1. Document everything. Keep records of incidents, conversations, emails, and any evidence of discriminatory treatment. Note dates, times, and witnesses.
2. Report internally first. Many companies have HR departments or formal complaint processes. Use them and keep copies of your complaint.
3. File with the EEOC. The Equal Employment Opportunity Commission handles federal discrimination complaints. You generally have 180 days from the discriminatory act to file (300 days in New York because of state law cross-filing).
4. File with the NYS Division of Human Rights. For state-level complaints, you can file directly with New York's enforcement agency.
5. Consult an attorney. Many employment attorneys offer free initial consultations for disability discrimination cases.

How Innovative Placements Can Help

At Innovative Placements, we don't just help you find a job—we help you understand your rights, navigate workplace challenges, and advocate for yourself effectively. Our services include:

• Rights education — We help you understand what protections apply to your specific situation
• Accommodation strategy — We help you identify what accommodations would be most effective and how to request them
• Disclosure coaching — If you decide to disclose, we help you prepare for the conversation
• Employer liaison — We work with employers to create inclusive, accommodation-friendly workplaces
• Ongoing support — Our relationship doesn't end when you get hired. We provide post-placement support to ensure long-term success

You don't have to navigate this alone. Whether you're entering the workforce for the first time, returning after a gap, or dealing with a new challenge at your current job, reach out to us and we'll help you move forward with clarity and confidence.