Failure to Accommodate

Under the law, your employer must make reasonable accommodations for your disability or religious beliefs. When they don’t, it may be illegal.

If you’ve requested a workplace adjustment such as time off for medical treatment, modified duties due to a disability, or a schedule change for religious observance, and your employer denied it without a valid reason, you may have a legal claim. Federal and New York laws require employers to accommodate workers unless doing so would cause undue hardship.

What Does “Reasonable Accommodation” Mean?

A reasonable accommodation is a change to the work environment or the way things are usually done, allowing an employee to perform essential job functions. Common examples include:

• Modified Schedules: Time off for medical appointments or religious holidays.
• Remote Work: Working from home part- or full-time due to a disability, immune condition, or other medical restriction.
• Pregnancy Accommodations: Light duty, extra breaks, or altered schedules due to pregnancy-related needs or postpartum recovery.
• Adjusted Duties: Reassignment of non-essential tasks due to a temporary or permanent limitation.
• Dress Code Adjustments: Religious head coverings or attire exemptions.
• Assistive Devices: Tools or technology that enable task performance.

Employers must engage in a good faith “interactive process” to explore accommodations. Flat-out refusals, unjustified delays, or ignoring requests altogether can violate your rights.

New York Cases on Failure to Accommodate

In Rodriguez v. City of New York (2023), a public employee with PTSD alleged the City failed to provide a less stressful work environment or engage in the interactive process. The court ruled her claim could proceed under the NYCHRL. In another recent case, Arrospide v. City of New York (2025), the court allowed a claim to proceed under the New York City Human Rights Law after a plaintiff was denied the opportunity to work remotely despite medical documentation supporting the request.

Did Your Boss Retaliate After You Asked for Help?

It’s illegal for employers to punish workers for requesting accommodations. If you were demoted, written up, or fired after asking for support, you may also have a retaliation claim.

Read: Retaliation Protections for Workers in New York →

What To Do If Your Accommodation Was Denied

• Document Everything: Keep a record of your request, the employer’s response, and any follow-up.
• Escalate Internally: If HR or management ignores you, continue your efforts in writing.
• Speak with a Lawyer: A New York employment attorney can assess whether your employer violated your rights—and what compensation you may be owed.