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Here at Miletti Law®, we are the authoritative force in Employment and Labor Law. Therefore, we are committed to updating our series on employment & labor law with fresh, verifiable, and credible content. In that spirit, this blog is Part XII of our series on New York State and City laws that apply to workplace harassment, discrimination, & retaliation. In Part XI of this series, we hammered on “Whistleblowing & Retaliation Claims” and “Liability Standards,” as recognized under various New York laws. Accordingly, to move the discussion forward, this blog is Part XII and an overview of “Disability-Related Protections” under New York laws that apply to workplace harassment, discrimination, & retaliation.

Disability-Related Protections

Employees and job applicants in New York are provided with disability-related protection under both the New York City Human Rights Law (NYCHRL), (NYC Administrative Code 8-101 et seq) & the New York State Human Rights Law (NYSHRL), (N.Y. Exec. Law § 290 et seq). For the purposes of record, any information concerning the definitions and descriptions of disability under both the NYCHRL & NYSHRL was current as of May 15, 2021.

Definitions and Descriptions of Disability

Definitions of “Disability” under both the NYCHRL & NYSHRL.

NYCHRL

Under the NYCHRL, “disability” is defined as psychological, mental, or physical impairment or a history of such impairment. A physical impairment relates to an impairment to several body systems that include the respiratory, endocrine, reproductive, musculoskeletal, immunological, cardiovascular, neurological, and digestive systems. Under the NYCHRL, the term “disability,” with regards to substance abuse, addiction, or alcoholism, is only applicable to a person who is currently free of, has recovered from, or is in recovery from such abuse.

Further, “disability,” as defined under NY CLS Exec § 292(21) of the NYSHRL, refers to either of the following:

  • A medical, mental, or physical impairment resulting from a neurological, genetic, physiological, or anatomical condition demonstrable by diagnostic techniques or that hinders normal body function.
  • Having a record of such an impairment.
  • Having a condition that others consider to be an impairment.

NYSHRL

For purposes of the NYSHRL, the definition of “disability” is limited to disabilities that do not hinder the person from performing the duties of a job in a reasonable manner when reasonable accommodations are provided. A person must, as provided for under 9 NYCRR § 466.11(f), be capable of satisfactorily performing the essential functions of the job. In the Act’s definition, there is no requirement of “disability” that one or more major life activities must be limited by a mental or physical impairment. However, including situations where a person’s ability to obtain accommodation or treatment or recovery is impeded by the job, the Act specifies that a consideration of accommodation will only be promoted by only those disabilities that hinder an employee from performing the job.

Disability Discrimination

Following the definitions provided above, both the NYCHRL & NYSHRL prohibit employers from discriminating against an employee or job applicant based on the person’s disability. As provided for under the NYC Administrative Code § 8-107 of the NYCHRL & N.Y. Exec. Law § 296 of the NYSHRL, employers are prohibited from discriminating on the basis of disability.

In Part XIII of this series, we will continue exploring additional key concepts of disability discrimination and the disability-related protections provided for under the New York laws that apply to workplace harassment, discrimination, & retaliation.

Until then, stay tuned for more legal guidance, training, and counsel. In the interim, reach us with questions or comments on our website at the Contact Us page!

Always rising above the bar,

Isaac T.,

Legal Writer & Author.