Not every disability announces itself. Many New Yorkers work through migraines that split the day in half, autoimmune flares that come without warning, depression that doesn’t clock out at 5 p.m., or ADHD that makes noisy open offices feel like a firing range. The struggle is real, even when the symptoms aren’t visible, and the law doesn’t require you to prove you “look” disabled to be protected. Under federal, state, and city law, the question is whether a condition substantially limits major life activities, or, under New York’s broader definitions, whether a physical, mental, or medical impairment exists that can be reasonably accommodated so you can perform your job.

In New York City, the standard for harassment is intentionally practical: were you treated less well because of who you are, including because of your disability? The law rejects the old idea that harassment must be “severe or pervasive” to count. A pattern of remarks about how “you don’t look sick,” jokes about “mental health days,” or a supervisor’s eye-rolling every time you request an accommodation can cross the line if it goes beyond petty slights or trivial inconveniences. New York State moved in the same direction in 2019, removing the “severe or pervasive” hurdle and focusing on whether the conduct subjected you to inferior terms, conditions, or privileges of employment because of a protected trait.

Accommodations are the other half of the story. The ADA requires employers to provide reasonable accommodations, unless doing so would create an undue hardship, and New York often goes further in practice. Consider quiet workspace options, a short afternoon break for medication, flexible start times on flare days, or intermittent leave for treatment. What matters is a good-faith, individualized process: the law expects employers to talk with you, consider the medical information you provide, and identify workable options. The EEOC’s guidance lays out that duty under the ADA; New York State likewise recognizes an interactive process; and New York City goes a step beyond, mandating a “cooperative dialogue” and a written, final determination on the accommodation offered, if any.

Because many disabilities are invisible, confidentiality matters. New York’s rules and agency procedures emphasize that medical information tied to an accommodation request must be kept confidential and handled with care. That obligation isn’t a courtesy; it’s part of the legal framework that protects employees from stigma once they disclose a condition to get help.

If your workplace experience sounds familiar – comments about not “looking disabled,” snide remarks after asking for time to see a doctor, or pushback when requesting a simple adjustment – you don’t have to wait for a crisis. City and State standards are designed to see the whole picture, particularly with conditions others can’t see, and to stop harassment before it metastasizes. And even if you are uncertain where your situation falls, the law protects you when you complain in good faith; retaliation for raising concerns or seeking an accommodation is itself unlawful.

At Risman & Risman, P.C., we help New Yorkers with invisible disabilities make a plan: documenting what’s happening, engaging the accommodation process the right way, and holding employers to the standards that apply under federal, state, and city law. Suppose a condition affects your work life, even if no one else can see it. In that case, you still have the right to a workplace grounded in dignity and legality. We’re here to make sure those rights mean something in practice. Please call us at 212-233-6400 for a free confidential consultation or contact us online.

Not every disability announces itself. Many New Yorkers work through migraines that split the day in half, autoimmune flares that come without warning, depression that doesn’t clock out at 5 p.m., or ADHD that makes noisy open offices feel like a firing range. The struggle is real, even when the symptoms aren’t visible, and the law doesn’t require you to prove you “look” disabled to be protected. Under federal, state, and city law, the question is whether a condition substantially limits major life activities, or, under New York’s broader definitions, whether a physical, mental, or medical impairment exists that can be reasonably accommodated so you can perform your job.

In New York City, the standard for harassment is intentionally practical: were you treated less well because of who you are, including because of your disability? The law rejects the old idea that harassment must be “severe or pervasive” to count. A pattern of remarks about how “you don’t look sick,” jokes about “mental health days,” or a supervisor’s eye-rolling every time you request an accommodation can cross the line if it goes beyond petty slights or trivial inconveniences. New York State moved in the same direction in 2019, removing the “severe or pervasive” hurdle and focusing on whether the conduct subjected you to inferior terms, conditions, or privileges of employment because of a protected trait.

Accommodations are the other half of the story. The ADA requires employers to provide reasonable accommodations, unless doing so would create an undue hardship, and New York often goes further in practice. Consider quiet workspace options, a short afternoon break for medication, flexible start times on flare days, or intermittent leave for treatment. What matters is a good-faith, individualized process: the law expects employers to talk with you, consider the medical information you provide, and identify workable options. The EEOC’s guidance lays out that duty under the ADA; New York State likewise recognizes an interactive process; and New York City goes a step beyond, mandating a “cooperative dialogue” and a written, final determination on the accommodation offered, if any.

Because many disabilities are invisible, confidentiality matters. New York’s rules and agency procedures emphasize that medical information tied to an accommodation request must be kept confidential and handled with care. That obligation isn’t a courtesy; it’s part of the legal framework that protects employees from stigma once they disclose a condition to get help.

If your workplace experience sounds familiar – comments about not “looking disabled,” snide remarks after asking for time to see a doctor, or pushback when requesting a simple adjustment – you don’t have to wait for a crisis. City and State standards are designed to see the whole picture, particularly with conditions others can’t see, and to stop harassment before it metastasizes. And even if you are uncertain where your situation falls, the law protects you when you complain in good faith; retaliation for raising concerns or seeking an accommodation is itself unlawful.

At Risman & Risman, P.C., we help New Yorkers with invisible disabilities make a plan: documenting what’s happening, engaging the accommodation process the right way, and holding employers to the standards that apply under federal, state, and city law. Suppose a condition affects your work life, even if no one else can see it. In that case, you still have the right to a workplace grounded in dignity and legality. We’re here to make sure those rights mean something in practice. Please call us at 212-233-6400 for a free confidential consultation or contact us online.