Disability Rights in NYC Workplaces
Working in New York City can be both rewarding and challenging. When health issues enter the picture, the workplace can become even more complex. Many employees are unsure if their physical or mental health conditions qualify for legal protection on the job. Understanding what counts as a disability under laws like the Americans with Disabilities Act (ADA) and the New York City Human Rights Law (NYCHRL) is essential for protecting your rights and ensuring fair treatment.
What Qualifies as a Disability Under the ADA?
The ADA is a federal law that prohibits discrimination against individuals with disabilities in all areas of public life, including jobs. But what exactly does “disability” mean under this law?
Under the ADA, a disability is defined as a physical or mental impairment that substantially limits one or more major life activities. The ADA Amendments Act (ADAAA) expanded this definition to make it easier for individuals to receive protection.
Physical Impairments refer to any physiological disorder or condition affecting one or more body systems, such as neurological, musculoskeletal, respiratory, cardiovascular, or digestive systems. Examples include epilepsy, multiple sclerosis, arthritis, asthma, heart disease, and severe food allergies.
Mental Impairments include mental or psychological disorders like depression, anxiety disorders, bipolar disorder, schizophrenia, and learning disabilities.
Major Life Activities encompass a wide range of everyday activities and bodily functions. These include walking, seeing, hearing, speaking, breathing, performing manual tasks, caring for oneself, learning, and working. It also covers major bodily functions like the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.
The key is that the impairment must substantially limit one or more of these major life activities. The term “substantially limits” is to be interpreted broadly in favor of expansive coverage.
What Doesn’t Qualify as a Disability?
Not every condition is considered a disability under the ADA. Understanding what isn’t covered can help set realistic expectations.
Temporary or Minor Conditions: Short-term conditions that are expected to heal or resolve quickly generally don’t qualify. For instance, a broken bone that will fully heal or a minor surgery with a quick recovery time usually isn’t considered a disability. Minor illnesses like the common cold or flu also don’t meet the criteria.
Personal Traits and Characteristics: Attributes such as being left-handed, having a quick temper, or being particularly tall or short aren’t considered disabilities unless they are part of a physiological disorder.
Pregnancy: Pregnancy itself isn’t classified as a disability under the ADA. However, pregnancy-related complications that substantially limit a major life activity may be considered disabilities.
Current Substance Use: Individuals who are currently engaging in the illegal use of drugs aren’t protected under the ADA. However, those who have successfully completed a rehabilitation program or are no longer using drugs may be protected. Alcoholism can be considered a disability, but employers can enforce rules regarding alcohol use if it affects job performance or safety.
The Complexities of Stress and Anxiety in the Workplace
Stress and anxiety are common experiences in the workplace, but when do they rise to the level of a disability?
Stress Related to Job Duties
If the stress or anxiety is directly related to performing the essential functions of the job and substantially limits a major life activity, it may be considered a disability under the ADA. For example, if an employee has an anxiety disorder that makes it difficult to concentrate or communicate, and this condition is long-term and diagnosed by a medical professional, it could qualify as a disability.
In such cases, the employer may be required to provide reasonable accommodations, such as adjustments to work schedules, modifications of job duties, or providing a quieter workspace, as long as these accommodations don’t impose an undue hardship on the operation of the business.
Stress Related to a Particular Supervisor
However, courts have often held that an employee’s inability to work under a specific supervisor due to stress or anxiety does not constitute a disability. In the case of Weiler v. Household Finance Corp., 101 F.3d 519, 524 (7th Cir. 1996). the court stated that if an employee cannot work under a certain supervisor because of anxiety and stress related to the supervisor’s standard oversight of job performance, this does not substantially limit the major life activity of working
Obesity and Other Gray Areas
Some conditions don’t fit neatly into the definitions provided by the ADA, making them more complex to navigate.
Obesity
Generally, obesity is not considered a disability under the ADA unless it is the result of a physiological disorder. Courts have typically held that being overweight or even severely obese does not constitute a disability unless there’s an underlying medical condition causing it, such as a thyroid disorder or a metabolic condition.
However, if obesity substantially limits a major life activity due to an associated medical condition, it may be protected under the ADA.
“Regarded As” Disabled: Protections Even If Misunderstood
The ADA also offers protection to individuals who may not have a disability but are perceived as having one. This is known as the “regarded as” prong.
If an employer takes adverse action against an employee based on a perceived impairment—whether or not that impairment actually limits a major life activity—the employer may be violating the ADA. For example, if an employer believes an employee has a mental health condition and discriminates against them because of this belief, the employee may have grounds for a discrimination claim even if they do not actually have that condition.
New York City’s Enhanced Protections Under the NYCHRL
New York City provides even broader protections than federal law through the New York City Human Rights Law (NYCHRL).
Under the NYCHRL, the definition of disability is more expansive, covering any physical, medical, mental, or psychological impairment, or a history or record of such impairment. This includes conditions that are temporary or not severe enough to qualify under the ADA.
For example, temporary conditions like a broken leg or a short-term illness may be considered disabilities under the NYCHRL, requiring employers to provide reasonable accommodations.
The NYCHRL also places the burden on employers to prove that providing an accommodation would cause undue hardship, making it more employee-friendly.
How DeToffol & Gittleman Can Assist You
Navigating the complexities of disability law can be overwhelming, but you don’t have to do it alone. At DeToffol & Gittleman, we are dedicated to helping employees understand and protect their rights in the workplace.
Experienced Attorneys: Our team has extensive experience handling employment law and disability discrimination cases in New York City. We understand the nuances of both federal and local laws.
Personalized Support: We take the time to listen to your situation and provide tailored advice. Our goal is to help you achieve the best possible outcome.
Flexible Consultations: We offer consultations by phone, video call, or in person, whichever is most convenient for you.
Get in Touch Today
If you believe you’re facing discrimination at work due to a disability or health condition, don’t hesitate to reach out. Time is often of the essence in these cases, and early action can make a significant difference.
Visit our Contact Us page to schedule a confidential consultation with a New York City employment attorney who can help protect your rights.
DISCLAIMER: The information provided in this blog post is for informational purposes only and is not intended to be legal advice. Laws vary significantly from one jurisdiction to another, and therefore, the concepts discussed here may not apply universally or to every case. Furthermore, laws, especially in this field, are subject to frequent changes, so there is no guarantee that the information presented is current or up to date at the time of reading.
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