Failure to Accommodate Disability as a Cause of Action in New York Under the NYSHRL

Failure to accommodate disability as a cause of action in New York under the NYSHRL applies when an employee with a disability could perform the essential parts of the job with a reasonable accommodation, but the employer does not provide that accommodation. In practical terms, this cause of action asks whether the employee has a qualifying disability, whether the employer knew about it, whether the employee could still do the job with support, whether the employer refused the accommodation, and whether both sides engaged in a good faith process to address the issue.

Has a Disability

The first element requires the plaintiff to show that she has a disability. This is the starting point for failure to accommodate disability as a cause of action in New York under the NYSHRL. Without a disability, there is no duty to provide a disability-related accommodation.

This element matters because the cause of action is tied to a protected condition that affects the employee’s ability to work in the usual way. The condition must qualify as a disability under the law. Once that is established, the focus shifts to whether the employer knew about it and whether an accommodation could have helped.

Employer Had Notice of the Disability

The second element requires the plaintiff to show that the employer had notice of the disability. An employer generally cannot be faulted for failing to accommodate a condition it did not know about. That is why notice is an important part of failure to accommodate disability as a cause of action in New York under the NYSHRL.

Notice does not always require special wording or formal legal papers. What matters is whether the employer had enough information to understand that the employee had a disability and might need an accommodation. This can happen through medical records, direct conversations, leave requests, or other workplace communications.

Could Perform the Essential Functions of the Job With a Reasonable Accommodation

The third element requires the plaintiff to show that she could perform the essential functions of her job with a reasonable accommodation. This is one of the most important parts of the cause of action because it focuses on capability, not inability.

Essential functions are the core duties of the job. The law does not require an employer to remove the basic nature of the position. But if a reasonable accommodation would allow the employee to perform those core duties, the employer may have a duty to consider and provide it.

This element matters because it connects the requested accommodation to actual job performance. The issue is whether, with a reasonable adjustment, the employee could still do the essential parts of the job.

Employer Refused to Make the Accommodation

The fourth element requires the plaintiff to show that the employer refused to make the accommodation. This is the point where a possible legal violation becomes clearer. If the employee needed a reasonable accommodation and the employer refused without lawful justification, that refusal may support the cause of action.

Refusal can take different forms. Sometimes the employer directly says no. In other cases, the employer delays, ignores the request, or offers no meaningful response. A refusal may also be shown when the employer ends the discussion without seriously considering possible solutions.

Good Faith Interactive Process

The quoted authority also makes clear that the parties must show that they engaged in a good faith interactive process in assessing the needs and reasonableness of the accommodation. This means the employer and employee are expected to communicate honestly and work through possible solutions.

This part matters because accommodations are often not automatic. The employee may need to explain what is needed, and the employer may need to explore what is possible in the workplace. When that process breaks down, the facts surrounding the breakdown can become important.

Conclusion

Failure to accommodate disability as a cause of action in New York under the NYSHRL focuses on whether an employee with a disability could continue performing the essential functions of the job with a reasonable accommodation and whether the employer failed to provide that support. The plaintiff must show a disability, employer notice, the ability to perform the essential functions with accommodation, refusal by the employer, and a good faith interactive process aimed at finding a workable solution.

FindLaw

“To allege a disability discrimination claim based on failure to accommodate, a plaintiff must allege that she (a) has a disability; (b) her employer had notice of her disability; (c) plaintiff could perform the essential functions of her job with a reasonable accommodation, and (d) the employer refused to make such accommodation (Tafolla v Heilig,80 F.4th 111 [2d Cir 2023]). The parties must show that they engaged in a good faith interactive process in assessing the needs and reasonableness of the accommodation (Jacobsen v New York City Health and Hosps. Corp.,22 N.Y.3d 824 [2014]).” Esposito v. State of N.Y. Unified Court Sys., 2025 N.Y. Slip Op. 30079, at 5 (N.Y. Sup. Ct. 2025).