Wrongful Termination for Disability

Fired Because of a Disability? That’s Not Just Wrong, It’s Against the Law

You finally speak up. Maybe your migraines are getting worse or your anxiety’s become harder to manage. You sit down with your boss, explain what’s going on, and ask for just a little help. Instead of support, you're pushed aside, written up, or shown the door. That’s when people often reach out to wrongful termination attorneys to figure out if what just happened was even legal.

At Horn Wright, LLP, we understand what you’re going through. Our New York employment lawyers represent people who’ve been mistreated, ignored, or flat-out fired just for speaking up about a disability. Laws across New York, Vermont, New Hampshire, and Maine offer strong protections. But New York’s are especially broad, covering even small workplaces. If you’ve been terminated for asking for support, you may have a legal case. Let us help lift some of that weight off your shoulders.

Fired with a Smile: How Employers Hide Disability Discrimination

Sometimes the paperwork says "downsizing." Other times it’s "restructuring" or "performance issues." But if those excuses showed up after you shared a health issue or asked for a simple adjustment, that’s a huge red flag. In fact, the U.S. Equal Employment Opportunity Commission reported a 9.2% rise in discrimination claims in 2024 where over 88,000 people stepped forward.

Here’s what that kind of quiet retaliation can look like:

• You ask for a later start time and suddenly every small mistake becomes a written warning.
• You let HR know you’re seeing a therapist and two weeks later, you’re on a performance improvement plan.
• You return from medical leave and your position is magically “eliminated.”

It doesn’t always happen overnight. Sometimes the signs creep in over days or weeks. But wrongful termination attorneys are trained to spot the patterns, especially when those patterns mirror what happens in toxic workplace situations. If your request for help turned into a target on your back, the law might be on your side.

Your Legal Armor: How NY Law Has Your Back (Even When HR Doesn't)

You have rights and they’re stronger in New York than in many other places. The Americans with Disabilities Act (ADA) and the New York State Human Rights Law both make it illegal for your employer to fire you for having a disability or asking for support.

While the ADA applies to employers with 15 or more workers, New York laws kick in for businesses with just four. That means you don’t need to be in a massive company to be protected. And based on 2023 data, disability was the number 1 basis for discrimination complaints filed with the NY State Division of Human Rights, comprising 38.8% of all cases.

In short, if you can still do your job with small adjustments, your employer has to engage with you. No dodging. No ghosting. No punishing you for needing help.

What’s ‘Disability’ Really Mean? (Hint: It’s More Than You Think)

Don’t assume you need a visible condition or long-term illness to qualify. The law protects a wide range of physical and mental health issues. What matters is whether your condition limits how you live, work, or function day to day. If it does, and your employer treats you unfairly as a result, you might be looking at a wrongful termination situation.

Employment law recognizes a wide range of conditions as disabilities. Conditions that might qualify include:

• Depression, anxiety, bipolar disorder, or PTSD
• Diabetes, epilepsy, cancer, or heart disease
• Lupus, multiple sclerosis, or autoimmune disorders
• Asthma, COPD, or other respiratory issues
• Autism or neurodivergence

Even a broken ankle or a short-term surgery recovery can count under the law, depending on the impact. If your employer thinks you have a disability, even if they’re wrong, and treats you unfairly, you’re still covered.

In some cases, that early disregard turns into a full-on hostile work environment. The bottom line is if your employer knew something about your condition and chose to make life harder, you may have legal options.

Reasonable Requests Aren’t Favors, They’re Your Right in the Empire State

You’re just asking for a fair chance to do your job without sacrificing your health. That’s part of reasonable accommodation, which are protections backed by law that exist to help you stay employed safely and once violated can trigger your right to file a complaint and demand accountability.

Your boss is legally required to engage in an interactive process, a back-and-forth discussion about what’ll work for both sides. And if they don’t, that’s a problem. New York’s official guidance makes it clear that employers must try to accommodate, not dismiss your request outright. Ignoring this process is one of the fastest ways to trigger FMLA retaliation claims.

The Silent Squeeze: How They Make You Feel Like the Problem

Discrimination often hides behind smiles, favoritism, and passive-aggressive comments. Maybe your manager always gives better projects to your peers or praises others while sidelining you. Your boss might never say “It’s because of your disability,” but the pattern of exclusion and favoritism starts to send a loud, clear message.

Look out for:

• Sudden critiques of your work when there were no issues before
• Getting pulled from projects without explanation
• Subtle digs about your “energy” or “reliability”
• Managers dodging your emails or pushing off your requests

And sometimes, they flip the narrative. Suddenly you’re the one who’s being “difficult” or “too sensitive.” Sound familiar? These same tactics show up in sex-based discrimination cases. When employers want to dodge responsibility, they try to make you look like the problem.

“No, We Can’t” Isn’t an Excuse But a Violation

Maybe your employer shut you down before you even finished your sentence. Rolled their eyes, changed the topic, or hit you with the classic, "We don’t do that here." But ignoring your request dismissively can go against the law.

Under the ADA and the New York State Human Rights Law, employers are legally required to consider accommodation requests in good faith. That obligation doesn’t disappear just because the job is demanding. Whether it’s a Wall Street firm or a diner in Brooklyn, the rules still apply. And when employers fail to meet that standard, they open themselves up to disability-related retaliation claims.

You Were Silenced. It’s Time to Speak Loudly With the Law on Your Side

You weren’t asking for special treatment. You were just asking to be treated like a person. But if your employer couldn’t offer even basic support, that’s not something you should just live with.

If you’re ready to take the next step, connect with Horn Wright, LLP. Our wrongful termination attorneys can help you understand your rights, evaluate your case, and fight for the justice you’ve been denied.