New York City ADA Lawyers

Serving Long Island, Westchester County, New York State & New Jersey

People who have a physical impairment or disability still have the right to employment, and the law requires that their employer make reasonable accommodations to allow them to perform their work. If an employer is not doing what the law requires under the Americans with Disabilities Act (ADA), then our New York City ADA lawyers can work with clients to consider legal remedies and the collection of damages. We are also available to businesses to navigate the complexities of ADA regulations.

Brown Kwon & Lam believes that everyone should have legal counsel that is accessible, professional, and meticulous in performing their work. With years of experience, our attorneys have in-depth knowledge of ADA laws and regulations specific to New York City. We stay updated with the latest developments, ensuring that our clients receive accurate and effective legal counsel tailored to their unique needs. From our New York City office, that is what we offer to people throughout Long Island, Westchester County, New York, and New Jersey.

Call Brown Kwon & Lam at (212) 295-5828 or reach out here online to set up a consultation with an ADA attorney in New York City.

Services for NYC Businesses and Employers

At Brown Kwon & Lam, we understand the importance of accessibility and equal treatment for individuals with disabilities. 

We offer a range of services related to ADA compliance, including:

• Compliance assessment: We evaluate your business premises, policies, and practices to identify areas that may require modifications for ADA compliance.
• Policy review: We review your existing policies and procedures to ensure they align with ADA requirements, providing guidance on necessary adjustments.
• Reasonable accommodations: Our lawyers advise on the implementation of reasonable accommodations for employees and customers with disabilities, promoting inclusivity and accessibility.
• Defense against lawsuits: In the event of an ADA-related lawsuit, we provide strong defense, aiming to protect your business interests and resolve the matter efficiently.
• Compliance training: We offer training sessions to educate your staff on ADA regulations, fostering a culture of awareness and compliance within your organization.

What the ADA Requires

The Americans with Disabilities Act applies to all businesses with 15 or more employees. The scope of the legislation, enacted in 1990, is broad and deals with a wide range of accessibility issues. For our purposes here, the key provision is one that requires employers to make “reasonable accommodations” that allow someone with a physical impairment or disability to perform their job. 

What Are Reasonable Accommodations? 

Reasonable accommodations are, at least to a certain extent, in the eye of the beholder. That is where our New York City ADA attorneys may be a valued asset for those who have a claim. Through our experience, we have seen how real-world judges interpret reasonableness and how it gets applied. 

The key standard that will be looked at is that of undue hardship. That is, would the requested accommodation be an undue hardship on the operation of the business, or would the denial of the accommodation constitute undue hardship in the life of an employee? 

An employer may be reasonably expected to adjust work schedules if that is what it takes to allow someone with a physical impairment to perform their job duties. It is possible that assistive technologies or changing job descriptions may also, depending on the circumstances, be considered a reasonable accommodation to an employee. 

Every situation has its own nuance. For example, a larger business with a lot of resources has more it can invest in technology that allows someone with a physical impairment to keep working. What is reasonable for this hypothetical business may be less reasonable for a smaller firm operating on a razor-thin profit margin. 

The altering of job descriptions also depends on circumstances. A business would not be expected to change the job description in such a way that it risked subpar work in an area that is vital to the company. It is the job of a New York City ADA lawyer to show that any requested change in duties can be done without risking important company operations. 

• Related: What if an Employer Denies a Request for Reasonable Accommodation?

How Failure to Accommodate Claims Work in New York City

When an employee believes their employer has failed to provide a reasonable accommodation, the next steps can feel unclear. In New York City, workers are protected not only by the ADA but also by the New York State Human Rights Law and the New York City Human Rights Law, which often provide broader protections. Understanding how these laws interact and how to move a claim forward with agencies such as the Equal Employment Opportunity Commission or the NYC Commission on Human Rights can help employees make informed choices about timing and strategy.

Most failure to accommodate matters begin long before a lawsuit is filed. The process typically starts with a clear request to a supervisor or human resources, followed by medical documentation if it is required. If the employer refuses or does not respond, an employee may then consider filing an administrative charge, pursuing internal grievance procedures, or exploring settlement discussions. Each option has its own deadlines and potential consequences, which is why many people choose to consult a reasonable accommodation lawyer to map out their options before taking formal action.

New York City employees also need to be aware of how quickly time can pass once a failure to accommodate occurs. Deadlines to file with an administrative agency or in court can vary depending on which law is used, and missing a deadline may limit available remedies. Our ADA lawyer team is ready to help clients understand which forum is best suited to their situation, whether that means a complaint with the NYC Commission on Human Rights, a charge with the EEOC, or a lawsuit in a local federal or state court located in Manhattan, Brooklyn, or the surrounding boroughs. Our goal is to guide people through these choices so they can pursue relief without feeling overwhelmed by procedural rules.

How We Approach Failure to Accommodate Cases

Each failure to accommodate case turns on the details, so a careful, organized approach is essential. When someone contacts us about a potential claim, we begin by listening to their experience at work, the limitations they face, and what accommodations they requested. We ask focused questions about job duties, workplace culture, and prior performance reviews so we can see how the requested change would actually play out on the job. This initial conversation helps us spot legal issues quickly and identify what documents will be most important.

After we understand the situation,  an ADA lawyer will review written materials such as emails, text messages, handbooks, and policy manuals to see what the employer promised and how it responded. We also look at whether the employer treated other workers with similar requests differently, which can be an important factor in New York state and city discrimination claims. Throughout this process, we stay in close contact, explaining what we are looking for and why, so clients always know how their case is progressing and what to expect next.

When it is time to move forward, we work with clients to decide whether to focus on negotiation, mediation, or formal litigation. Some cases are best resolved through a structured discussion with the employer, while others may require filing in the appropriate New York court or agency to protect the client’s rights. Because we have represented both employees and employers in employment matters, we are familiar with common defense strategies and can prepare thoughtful responses that keep the case moving. Our approach is grounded in practical advice, clear communication, and a steady focus on achieving a resolution that reflects the client’s goals and the realities of their workplace.

Contact Our New York City ADA Compliance Lawyer

At Brown Kwon & Lam, we prioritize our clients' success and strive to build lasting relationships. We take the time to understand your business and specific compliance needs, providing personalized solutions and guidance every step of the way.

Our ADA lawyers bring a wealth of experience, helping businesses achieve and maintain ADA compliance. With a deep understanding of New York City's ADA laws, we offer accurate advice and tailored solutions to meet your unique compliance needs. Our focus is on delivering results, minimizing legal risks, and safeguarding your business interests.

New York City ADA Attorneys Fighting for the Results You Deserve

Gainful employment is a fundamental part of human dignity, and when that is compromised, the victim may have the right to sue for lost wages, emotional distress, and other financial damages. But proving the employer failed to accommodate requires diligent legal research combined with vigorous advocacy for the rights of the client. 

Brown Kwon & Lam brings our experience, our work ethic, and our passion for justice to each and every client we serve. 

Common forms of recovery that may be available in a failure to accommodate case include:

• Back pay and front pay to address wages, benefits, or bonuses that were lost because of the employer’s conduct.
• Compensation for emotional distress arising from anxiety, humiliation, or other harm caused by being denied a fair opportunity to work.
• Out-of-pocket costs tied to medical care, job searches, or training that became necessary after the accommodation was refused.
• Possible reinstatement or changes to job duties, schedules, or policies designed to correct the failure to accommodate going forward.

In a typical failure to accommodate case, an ADA lawyer in New York City at Brown Kwon & Lam can begin by listening carefully to how the situation developed at work, what medical limitations exist, and what changes were requested. From there, we review employment records, handbooks, emails, and performance evaluations to understand how the employer treated the employee before and after the request. We also consider how similar requests are usually handled in that workplace and whether the employer followed its own policies, which can be especially important under New York City’s strong anti-discrimination laws.

When it is appropriate to move forward, we can help clients evaluate their options under the ADA, the New York State Human Rights Law, and the New York City Human Rights Law. Each of these laws may provide different avenues for relief, different deadlines, and different types of damages, so choosing the right path is a critical decision. We walk clients through the potential benefits and risks of filing an administrative charge, pursuing settlement discussions, or bringing a lawsuit, so they can make informed choices about how to protect their job, their income, and their future.

Call (212) 295-5828 or contact our New York City ADA lawyers online to set up a consultation.