Under the Federal Americans with Disabilities Act (“ADA”), your employer may not discriminate against you based on a diagnosed or perceived disability. The employer must have 15 or more employees in order for you to take action against them under the ADA. The ADA requires such employers to make reasonable accommodations for a disabled employee so that they can properly perform all the essential functions of their job. In fact, if you request a reasonable accommodation and your employer refuses to have an interactive discussion regarding that accommodation, there is a possibility they may be committing an unlawful action under the ADA. Even if your employer does not have 15 employees, you may still be able to take action under the New York State and New York City Human Rights Law at a company that employees 4 or more employees.
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