Effective Dec. 5, 2025, the New York State Human Rights Law (NYSHRL) was amended to expressly prohibit retaliation against employees who request a reasonable accommodation.
Under the Americans with Disabilities Act (ADA), New York City Human Rights Law (NYCHRL), and the NYSHRL, employers are prohibited from retaliating against employees for engaging in a protected activity. Retaliation can include actions such as termination, demotion, reduction in hours, or any other adverse employment action taken in response to engagement in a protected activity.
To establish a prima facie case of retaliation under these statutes, a plaintiff must show that: (1) they engaged in “protected activity;” (2) their employer was aware that they participated in such activity; (3) they suffered an adverse employment action based upon their protected activity; and (4) there is a causal connection between the protected activity and the adverse action.
Courts have disagreed on whether a request for reasonable accommodation qualifies as protected activity to satisfy the first element of a retaliation claim:
- ADA: Courts have long recognized that requesting a workplace accommodation constitutes protected activity.
- NYCHRL: Following a November 11, 2019 amendment, the statute explicitly provides that a reasonable accommodation request is protected activity.
- NYSHRL (prior to the 2025 amendment): Courts held that such requests did not qualify as protected activity. See, e.g., Jordan v. City of New York, 2024 U.S. Dist. LEXIS 214421 (S.D.N.Y Nov. 22, 2024); D’Amico v. City of New York, 159 A.D.3d 558, 558-59 (1st Dept. 2018); McKenzie v. Meridian Capital Group, LLC, 35 A.D.3d 676, 677-78 (2d Dept. 2006).
The 2025 amendment to the NYSHRL overturns that precedent. The statute now explicitly provides that requesting a reasonable accommodation is protected activity for purposes of retaliation claims. Consequently, any retaliatory action taken in response to such a request constitutes an unlawful discriminatory practice under the NYSHRL, bringing the statute into alignment with the ADA and NYCHRL.
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