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.
As always, if you have any questions or would like any additional information, please contact Paige M. Roseman or any attorney in Bond’s labor and employment practice.