Manhattan Disability Discrimination Lawyers

Your Employer Knew About Your Condition. Then Everything Changed.

Maybe you asked for a simple accommodation: a schedule adjustment, a remote work arrangement, a modified workload while you recovered. Maybe you disclosed a diagnosis you’d been managing quietly for years. And then, almost immediately, things started to shift. Suddenly your performance was a “concern.” Suddenly you were being managed out.

That’s not a coincidence. And it’s not something you have to accept.

At Carey & Associates, P.C., we represent Manhattan employees who have been discriminated against, denied accommodations, or pushed out because of a disability. Attorney Mark Carey has spent nearly three decades fighting for workers whose employers treat medical conditions as a reason to cut and run rather than an obligation to accommodate. He covers exactly this kind of employer behavior on the Employee Survival Guide® podcast, and the stories are more common than most people realize.

What the Law Requires From Your Employer

Under the Americans with Disabilities Act and the New York State Human Rights Law, employers have real, enforceable obligations when an employee has a disability. Those obligations include:

• Providing reasonable accommodations that allow you to perform your job, unless doing so would cause the employer genuine hardship
• Engaging in an interactive process with you to identify what accommodations might work
• Treating you the same as non-disabled employees in all employment decisions: hiring, pay, promotion, discipline, and termination
• Refraining from retaliating against you for requesting accommodations or reporting discrimination

The Second Circuit Court of Appeals recently made clear in a landmark ruling that employers can’t simply refuse accommodations because you’re technically able to do your job without them. Mark broke down the implications of that decision — Tudor v. Whitehall Central School District — in a dedicated episode of the Employee Survival Guide®, and it’s a game-changer for employees who’ve been told they don’t qualify for help.

What Disability Discrimination Actually Looks Like

Employers rarely say “we’re letting you go because of your health.” Instead, disability discrimination tends to show up like this:

• Requests for accommodation are ignored, delayed indefinitely, or denied without explanation
• A diagnosis or medical leave triggers sudden “performance problems” that were never raised before
• You’re excluded from projects or opportunities after disclosing a condition
• Your remote work arrangement, which was working fine, gets revoked after a new manager arrives
• You’re pressured to resign or accept a severance package shortly after taking medical leave
• Your condition is treated as a liability rather than something the company has an obligation to support

This last pattern is exactly what Adelita Martinez experienced, a 23-year emergency room technician whose employer at Staten Island University Hospital labeled her panic attack as workplace violence and fired her. Mark covered her case in depth on the Employee Survival Guide®, and it illustrates just how far some employers will go to avoid their accommodation obligations.

The Accommodation Request Is Often the Turning Point

Here’s something important to understand: the moment you formally request an accommodation, a clock starts for your employer. They’re supposed to engage with you in good faith to find a workable solution. Many don’t. They stall, they minimize, they claim the request is unreasonable, and then they find another reason to push you out.

That pattern of response (request followed by adverse action) is exactly the kind of evidence that supports a discrimination claim. Which is why what you do after submitting an accommodation request matters a great deal. Document every response (or non-response) you receive. Keep records of how your treatment changes. And get legal advice before the situation escalates further.

What You Should Do Right Now

If you believe you’re being discriminated against because of a disability, here’s where to start:

• Put your accommodation request in writing. Verbal requests can be ignored or denied in hindsight. An email creates a paper trail that’s hard to erase.
• Document the timeline. Write down when you disclosed your condition, when you requested accommodation, and how your employer’s treatment of you changed afterward. Dates matter enormously.
• Don’t sign anything without legal review. Severance agreements often include waivers of discrimination claims. You may have more leverage than your employer wants you to think.

Talk to a Manhattan Disability Discrimination Lawyer Today

You have the right to work without being penalized for a health condition. If your employer is treating your disability as a reason to manage you out, that’s a problem we can help you fight.

At Carey & Associates, P.C., we’ll give you a straight, confidential assessment of your situation and what your options look like.

Call us at (914) 547-0331 or reach out online to schedule your confidential consultation. We represent employees across Manhattan, New York City, and throughout New York State.

Disclaimer: For educational use only, not intended to be legal advice.