Brought to you by Filippatos Employment Law, Litigation & ADR
When facing a health challenge, you can take comfort knowing that New York’s robust employment laws provide exceptional protection for your career. Despite being an at-will employment state, multiple powerful safeguards work together to secure your job.
If your condition qualifies as a disability and you can perform essential job functions—with reasonable accommodations when needed—termination is prohibited by law. You’re protected by a comprehensive network: the Americans with Disabilities Act guarantees workplace accommodations, the Family and Medical Leave Act safeguards your time off, and New York’s Human Rights Laws offer even stronger protections than federal standards require.
This multi-layered system creates a remarkably strong safety net designed to work in your favor. While navigating these protections involves following specific procedures and deadlines, the framework actively supports your rights. Should you face potential wrongful termination, dedicated agencies like the EEOC and New York State Division of Human Rights stand ready to help you secure the full protection you’re entitled to under law.
The Federal Standard-The Americans with Disabilities Act (ADA)
The ADA is a cornerstone of federal disability discrimination law, prohibiting discrimination in employment by private and public employers with 15 or more employees. This expansive law protects individuals from discrimination in all aspects of employment, including hiring, firing, promotions, training, and pay. The protections afforded by the ADA are contingent upon two fundamental requirements: the employee must be a “qualified individual with a disability,” and the employer must provide disability accommodations unless doing so would cause undue hardship.
Defining “Disability” and “Qualified Individuals” under the ADA
A person is considered a “qualified individual with a disability” if they meet the ADA’s definition of a disability and can perform the essential functions of their job, with or without reasonable accommodations. The ADA’s definition of a disability is intentionally broad. An individual is protected if they have one or more of the following: a physical or mental impairment that substantially limits one or more “major life activities” such as seeing, hearing, walking, or working, a record of such an impairment, and are regarded as having such an impairment.
The ADA provides comprehensive protection by covering a wide range of conditions, including cancer, epilepsy, multiple sclerosis, and heart disease. This inclusive approach ensures that employees facing terminal or debilitating illnesses receive necessary accommodations, whether due to the condition itself or treatment-related effects like fatigue or pain.
A particularly powerful aspect of ADA protection is the “regarded as” provision, which safeguards individuals from discrimination based on employer perceptions rather than actual limitations. This forward-thinking protection prevents workplace bias, ensuring that employees cannot be dismissed due to misconceptions about their capabilities based on physical appearance or assumed limitations.
This provision strengthens workplace equity by establishing that discrimination based on stereotypes or unfounded perceptions constitutes a valid claim, even without a formal disability diagnosis. The ADA’s comprehensive framework creates meaningful protection for all workers, promoting inclusive workplaces where decisions are based on actual job performance rather than assumptions or prejudices about physical differences.
The Principle of Reasonable Accommodations
At the heart of the ADA lies an empowering opportunity: employers have the privilege to create inclusive workplaces through reasonable accommodations for qualified employees with disabilities. Think of a reasonable accommodation as an innovative solution—whether enhancing a job role or transforming the work environment—that enables someone with a disability to excel in their essential job functions and thrive in workplace opportunities. This collaborative approach benefits everyone. The law establishes an “interactive process” where employees and employers work together as strategic partners to discover creative solutions that drive mutual success.
The journey begins when an employee takes the positive step of requesting an accommodation, sharing how their needs can be met to maximize their contributions. While employers may request relevant medical documentation to understand the situation and accommodation possibilities, they maintain appropriate professional boundaries—respecting privacy while gathering the information needed to craft effective solutions. Real-world accommodations showcase the power of innovative thinking and represent win-win outcomes:
Flexible Scheduling: Adjusting work hours, offering part-time options, or providing time for medical appointments and treatments.
Environmental Adjustments: Creating quieter workspaces, improving lighting, or enhancing accessibility through ramps and expanded restrooms.
Role Modifications: Redistributing peripheral tasks to colleagues or moving an employee to a vacant position that matches their qualifications.
Medical Leave: Granting time away for treatment or recovery.
However, there’s an important boundary to understand: employers aren’t expected to fundamentally reshape a job’s “essential functions.” The ADA’s goal is creating equal opportunities to succeed, not exempting anyone from their core responsibilities. This means employers aren’t required to invent new positions or lower performance expectations. For employees pursuing discrimination claims, demonstrating that their requested accommodation would genuinely enable them to perform their job’s central duties remains essential.
Understanding “Undue Hardship”
Employers are committed to providing reasonable accommodations to support their employees, with the law recognizing that most accommodation requests can be successfully implemented. The framework for undue hardship serves as a practical guideline to ensure accommodations work well for everyone involved. The law defines undue hardship as an “action requiring significant difficulty or expense,” with each situation thoughtfully evaluated on its own merits to find the best solution.
When assessing accommodation requests, courts consider several important factors to ensure fairness: the specific nature and cost of the requested accommodation, the employer’s available resources, company size and business type, and how the requesting location fits within the organization’s structure. This comprehensive approach helps identify creative solutions that work for all parties.
The undue hardship framework takes a holistic view that goes beyond financial considerations alone. While the law recognizes that some accommodations might be “unduly extensive or disruptive, or those that would fundamentally alter the nature or operation of the business,” it encourages employers to explore alternatives and find workable solutions. Importantly, accommodation decisions must be based on legitimate business considerations rather than unfounded concerns from others. Employers can work collaboratively to ensure accommodations support the requesting employee while maintaining a productive work environment for everyone.
This balanced legal framework demonstrates how employee rights and business needs can work together harmoniously, creating opportunities for thoughtful dialogue and creative problem-solving that benefits both individuals and organizations through careful consideration of legal requirements and specific circumstances.
The Family and Medical Leave Act (FMLA) – A Separate but Vital Protection
The FMLA applies to all government employers and private businesses with 50 or more employees within a 75-mile radius. To be eligible for FMLA leave, an employee must have worked for their employer for at least 12 months and have completed a minimum of 1,250 hours of service in the preceding 12 months. The law provides up to 12 weeks of unpaid, job-protected leave per year for a “serious health condition”.
What Constitutes a “Serious Health Condition”?
The FMLA defines a “serious health condition” broadly, encompassing any illness, injury, or impairment that requires inpatient care (at least one overnight hospital stay) or ongoing treatment. This definition directly applies to employees facing a long-term illness or debilitating illness. Examples include: a condition requiring an overnight stay in a hospital, hospice, or residential care facility, a chronic condition that requires intermittent medical treatment and sometimes “flares up”, and surgery or treatments, such as chemotherapy or radiation for cancer, that would likely result in a period of incapacity if not treated.
FMLA and ADA: The Synergistic Relationship
The FMLA and ADA are not mutually exclusive; they can provide a synergistic legal defense for an employee. The FMLA guarantees an initial 12 weeks of job-protected leave for a “serious health condition” that meets its definition. However, if an employee has exhausted their 12 weeks of FMLA leave and is still unable to return to work, they may still be entitled to a leave of absence as a reasonable accommodation under the ADA. This is a critical legal and strategic consideration. The ADA can provide a pathway to continued employment after FMLA protections have expired, so long as the employee’s condition meets the ADA’s definition of a disability and the additional leave does not create an undue hardship for the employer.
New York’s Enhanced Legal Protections
In addition to the federal protections, New York State and New York City respectively have their own, often more expansive, anti-discrimination laws.
New York offers exceptional protections against discrimination through two complementary laws that go far beyond federal requirements. The New York State Human Rights Law (NYSHRL) provides comprehensive coverage by applying to all employers regardless of size—unlike the ADA’s 15-employee threshold—and defines disability broadly as “a physical, mental, or medical impairment which prevents the exercise of a normal bodily function” without requiring severity qualifiers. Building on this strong foundation, the New York City Human Rights Law (NYCHRL) stands as one of the nation’s most progressive anti-discrimination statutes, having pioneered groundbreaking protections against height and weight discrimination as of November 26, 2023. This innovative approach fills an important protection gap by offering direct, non-disability-based remedies for body discrimination, allowing individuals to pursue claims without the complexity of proving disability status under the ADA’s “severe obesity” standard. Together, these laws create a robust legal framework that positions New York as a leader in civil rights protection, offering multiple pathways for individuals to seek justice and ensuring comprehensive coverage for all workers and residents.
The Path to Legal Recourse – Suing for Wrongful Termination
An employee who has been unlawfully terminated for being sick has legal options to pursue a remedy. The question, can you sue a company for firing you for being sick, can be answered with a qualified yes, provided the firing was discriminatory.
When Is Firing Discriminatory?
A firing is considered unlawful discrimination in the workplace when it is based on an employee’s protected status, such as a disability or sexual orientation. Unlawful actions include terminating an employee after they have requested a reasonable accommodation, refusing to provide such an accommodation, or harassing an employee because of their health condition.
The Complaint Process: Federal and State Avenues
If you’re seeking to address workplace discrimination under federal law, you have a clear pathway forward: filing a “charge of discrimination” with the U.S. Equal Employment Opportunity Commission (EEOC). This essential first step opens the door to resolution. You have a generous window of 180 days from when the discrimination occurred to file your charge, with even more time available (up to 300 days) if your state or local laws also protect against the same violation. Once you’ve filed, the EEOC will work on your behalf by investigating your case or providing free mediation services to help resolve the matter. After this process, the EEOC will issue you a “right-to-sue” letter, empowering you to pursue your case in federal court.
In New York, you have an additional valuable resource: the New York State Division of Human Rights (NYSDHR). This option gives you up to a full year from the discriminatory act to file your complaint – significantly more time to build your case. You may also have the opportunity to proceed directly to State Court, where you have up to three years to file.
The best part is that you can leverage both federal and state protections simultaneously by filing with both agencies. This dual approach provides you with strategic advantages and flexibility in pursuing your case. Filing with the NYSDHR offers particularly attractive benefits: extended filing deadlines and broader coverage of employers compared to federal law. With these multiple pathways available, you can choose the approach that best positions you for success.
Potential Remedies and Legal Outcomes
If a claim is successful, the potential remedies for the victim of discrimination can be significant. They may include reinstatement to a job, back pay with interest, and compensation for benefits lost due to the discriminatory practice. Under the NYCHRL, civil penalties for willful violations can be as high as $250,000.
Practical Guidance and Conclusion
The legal landscape surrounding employment and health is intricate and multifaceted. For an employee facing a long-term illness or a debilitating illness, the protections provided by the ADA, FMLA, NYSHRL, and NYCHRL are vital. These laws demonstrate a clear public policy favoring the right to work for individuals with health challenges. However, the nuances of reasonable accommodation, undue hardship, and the strict deadlines for filing a complaint demand professional guidance to ensure a just outcome.
Call Us
For any individual who has been fired for being sick, the best first step is to seek advice from experienced New York disability discrimination lawyers to understand their rights and pursue the appropriate legal strategy. If you are experiencing discrimination at work due to a certain health condition, please call Filippatos at 888-9-JOBLAW for a free consultation. We will do our utmost to help secure you the justice you deserve.