Retaliation & Disability Discrimination

They Can’t Punish You for Having a Disability or Asking for Help

You have every right to ask for what you need to do your job. Whether it’s a modified schedule, assistive technology, or time off for treatment, New York law protects that right. 

But too often, when workers ask for accommodations or disclose a disability, retaliation starts. They cut your hours. They move you to a dead-end role. Or they just make work so miserable you’re forced out.

Our employment law attorneys at Horn Wright, LLP, fight for employees who were pushed out or punished for asserting their rights. 

We also help workers in Maine, Vermont, New Hampshire, and New Jersey, where laws vary slightly but still protect against disability discrimination and retaliation. In New York, though, your rights are especially strong, and we know how to make them stick.

If something changed after you disclosed a condition or requested an accommodation, call (855) 465-4622. We know the tactics employers use, and we don’t let them get away with it.

This Isn’t Just Discrimination; It’s Retaliation

Sometimes it starts with denial. “We can’t make that adjustment.” “We don’t have the budget.” But then it escalates. You’re left out of meetings. Your role shifts. Your performance is questioned out of nowhere. That’s not just discrimination. It’s retaliation for speaking up about a legally protected issue.

New York’s Human Rights Law and the Americans with Disabilities Act (ADA) both make it illegal to retaliate after you:

1. Disclose a disability or medical condition. If you tell your employer about a physical or mental health condition, they can’t hold it against you. That includes medical diagnoses, chronic conditions, or temporary impairments.
2. Request a reasonable accommodation. Whether it’s for a flexible schedule or specialized equipment, you’re protected when asking for what helps you do your job. The law requires employers to consider these requests seriously.
3. File a complaint or grievance about access, treatment, or barriers. You have the right to speak up when your employer fails to provide equal access or violates your rights. Retaliating against you for doing so is flat-out illegal.
4. Help a coworker with their accommodation or complaint. Standing up for someone else’s rights is also protected. Your advocacy can’t be used as a reason to sideline or discipline you.

You don’t have to be fired for it to count. Retaliation comes in all forms, and we know how to trace it back to the moment it began.

What Retaliation After an Accommodation Request Looks Like

Retaliation doesn’t always come in the form of a pink slip. Sometimes, it hides in scheduling changes, team reshuffling, or daily work interactions that suddenly feel hostile. If you requested an accommodation and things got worse instead of better, here’s what to watch for:

• You’re moved to a less visible or lower-value role. You asked for flexibility, and now they’re sidelining you. That’s punishment, not a “business need.” They’ll act like it’s a strategic move, but it’s really a demotion in disguise.
• Your accommodation is granted, but now you’re under a microscope. Every move gets scrutinized. You’re treated like a liability instead of an asset. The scrutiny ramps up just when support should be highest.
• Suddenly, you’re being excluded. No more invites. No more check-ins. They act like you’re not part of the team anymore. It’s subtle, but it sends a clear message: you’re no longer wanted.
• They push you to take leave or quit. They won’t fire you outright, but they’re making it impossible to stay. That’s a textbook retaliation tactic. If it feels intentional, it probably is.

If any of that sounds familiar, you’re not alone, and you’re not powerless.

Disability Discrimination Doesn’t Have to Be Loud

Discrimination isn’t always someone shouting slurs or writing “NO DISABLED PEOPLE” on a job posting. 

Sometimes, it’s subtle. They claim they “don’t have the resources.” They make jokes. They ask invasive questions. They call you “high maintenance” or “fragile.” They might say the right things in public while treating you unfairly behind closed doors.

Hostile environments aren’t always aggressive. They can be cold, quiet, and calculated. They may promote you with one hand while undercutting you with the other. Discrimination often hides in performance reviews, project reassignments, or “tone” criticisms that didn’t exist before you disclosed a condition.

When you feel targeted, belittled, or boxed out because of a disability, even if no one says the word “disability,” you may have a case. Our employment attorneys look at treatment patterns, documentation, and what changed after your disclosure or request. And we’ll tell the real story.

What the Law Actually Says About Your Rights

Under the ADA and New York State Human Rights Law, you’re protected if you:

• Have a physical or mental impairment that substantially limits a major life activity. This can include conditions like depression, epilepsy, diabetes, or mobility impairments. If it impacts your daily living or ability to work, you're covered.
• Have a history of such an impairment. Even if you’ve recovered or are in remission, employers still can’t treat you differently based on that history. Discrimination based on past conditions is just as unlawful.
• Are perceived as having such an impairment. If your employer assumes you have a disability and takes action based on that assumption, it still qualifies. The perception alone, whether accurate or not, is enough to trigger legal protections.

You also have the right to reasonable accommodations that don’t impose undue hardship on your employer. That could mean:

• Modified work schedules. This might include starting later, ending earlier, or taking extended breaks. As long as it doesn’t cause undue hardship, your employer must reasonably accommodate it.
• Remote or hybrid work. If your job can be done from home and your condition makes commuting difficult, this is a reasonable ask. The pandemic proved remote work is viable in many roles.
• Leave for treatment or recovery. You’re allowed time off for medical appointments, recovery from illness, or surgeries. This includes intermittent leave or blocks of time, depending on your need.
• Adjusted equipment, software, or office setup. You might need screen readers, ergonomic chairs, or noise-canceling headphones. These tools help level the playing field and must be considered by your employer.

If you’re punished after requesting any of the above, or denied without serious consideration, you may be dealing with both discrimination and retaliation.

What You Could Be Entitled To

Disability discrimination and retaliation don’t just affect your paycheck. They impact your stability, confidence, and future. New York law allows victims to recover damages that reflect both what you lost and what it took to fight back. Here’s what compensation could look like:

• Back pay and lost benefits. If you were fired, demoted, or had your hours reduced, we calculate everything you missed. That includes health insurance, retirement contributions, and bonuses. We make sure every missing dollar gets accounted for.
• Emotional distress. Being treated like a burden takes a toll. You deserve to be compensated for the stress, shame, and anxiety. These damages are real, and we help show the proof.
• Punitive damages. If your employer acted willfully or maliciously, courts can award more to punish and deter. This isn’t just about you. It’s about setting a standard for others. We fight hard to make sure it hurts enough to make them stop.
• Policy changes. Sometimes the biggest win is systemic: new training, revised procedures, and a workplace that’s safer for the next person. We push for reform, not just resolution. It’s how real change happens.

We don’t just fight for what was taken. We push for what’s possible.

Horn Wright, LLP, Doesn’t Let Employers Push Disabled Workers Aside

You deserve dignity, support, and a workplace that works with, not against, you. 

If you were punished for speaking up, requesting help, or simply existing with a disability, our employment law attorneys at Horn Wright, LLP, are ready to fight back.

We’ve helped workers across New York and the Northeast hold employers accountable for retaliation and discrimination. 

See how we’ve helped others take back control. When you’re ready, contact our office to request your free consultation. We're here for you, too.