Suppose you’ve asked to work from home because of a medical issue, pregnancy, or something happening in your personal life. In that case, you might expect your employer to take the request seriously. But instead, things change. You’re left out of meetings, your workload shifts, and your boss starts treating you like a problem. In many cases, this kind of treatment isn’t only unfair but also may be illegal under both New York City and New York State law.
Remote Work and the Law
Let’s be clear, no law guarantees remote work to everyone. But suppose you need to work from home because of a medical condition, a pregnancy-related issue, or a disability. In that case, you have the right to request what’s known as a reasonable accommodation. Reasonable accommodations include adjustments to your schedule, responsibilities, or work location, such as remote work. Employers in New York are not allowed to ignore these requests. They must take them seriously and engage in an honest conversation about possible solutions.
This is especially true under both federal and state laws. The federal Americans with Disabilities Act requires employers to accommodate disabilities unless doing so would cause significant hardship. At the state level, the New York State Human Rights Law provides robust protection against discrimination based on disability and pregnancy. It mandates reasonable accommodations for workers who require them. New York City law goes even further. Under the New York City Human Rights Law, employers must engage in a cooperative dialogue when a worker requests an accommodation based on disability, pregnancy, or religious needs. This dialogue is not optional. It must be a meaningful, back-and-forth discussion where both sides talk openly about what can work. And employers cannot punish you for requesting an accommodation in the first place.
What About Caregivers?
New York City law also prohibits discrimination based on caregiver status. That means an employer cannot treat you worse simply because you are caring for a child, a parent, or another family member. However, it is essential to understand that, under current law, caregiver status does not entitle you to accommodations such as a modified schedule or the ability to work remotely. The law protects you from being fired or punished for being a caregiver. Still, it does not require your employer to adjust your work conditions as a result.
Recognizing Retaliation
Retaliation often does not come in the form of a firing. More often, it is subtle. Maybe you are left off group emails. You stop getting important assignments. You get written up for minor mistakes that were never an issue before. You are told that your loyalty is in question or that you are not a team player. These are all warning signs. If these things start happening shortly after you asked for remote work, especially for a medical or pregnancy-related reason, it could be retaliation. Retaliation is illegal under both city and state law in New York. Even if the original request was denied, your employer cannot punish you for making it. You also do not need to be fired to have a valid claim. Being sidelined, passed over, or made to feel like you are being pushed out could all support a case of retaliation.
What You Can Do
If you believe you are being mistreated after requesting to work remotely, start by documenting all relevant details. Put your request in writing. Save all emails. Keep notes about meetings, conversations, and changes in your workload or responsibilities. These records can help show a pattern, which is often key to proving retaliation or discrimination. You do not have to confront your employer on your own. You can speak with an experienced employment attorney who understands New York law and knows how to protect your rights.
How Risman & Risman, P.C. Can Help
At Risman & Risman, P.C., we represent only employees. We have years of experience helping workers in New York who have been treated unfairly, punished, or pushed out after requesting what they are legally entitled to. Whether you were asking to work from home temporarily, needed flexibility during pregnancy, or faced discrimination for taking care of a loved one, we are here to help. We understand how confusing and stressful these situations can be, and we are committed to helping you navigate them. If you believe your rights may have been violated, reach out today for a free and confidential consultation.