Disability Harassment Examples in NYC: What Workers Need to Know

Living with a disability should never mean facing mistreatment at work. Yet disability harassment still occurs in many NYC offices and job sites. If you or someone you know has faced jokes, unfair treatment, or punishment after disclosing a medical condition, you are not alone—and you have rights. Below, we explain what disability harassment is, provide real-world examples, and outline what steps you can take to protect yourself.

What Is Disability Harassment?

Disability harassment means any unwelcome behavior at work that targets someone because of a physical or mental condition. This can include verbal abuse, like derogatory comments or jokes about your condition, as well as retaliation that penalizes you or interferes with your ability to do your job. In NYC, the New York City Human Rights Law (NYCHRL) prohibits this kind of treatment, whether it’s obvious or more subtle.

Disability Harassment Examples in NYC Workplaces

Disability harassment can take many forms, and it’s a problem that workers in New York City face in all kinds of industries. Below are some examples of disability harassment NYC employees often report. 

When Teasing at Work Becomes Harassment

For many employees, workplace teasing is where disability harassment begins. This often takes the form of jokes about an employee’s wheelchair, hearing aid, or medical condition. It might include mocking an employee’s mannerisms, speech, or mobility issues. These comments can create a hostile and uncomfortable work environment—especially when they target someone’s disability or health condition.

Blocking Access or Withholding Accommodations

Disability harassment at work isn’t always about direct comments or actions. It can also include physical barriers, like ramps or elevators that aren’t accessible, cluttered hallways, or workspaces that are difficult to navigate for people with mobility challenges. Delays in providing accommodations—such as accessible parking spots or adjustable chairs—can also create unnecessary difficulties. Even when unintentional, these obstacles can make it harder for employees with disabilities to do their jobs comfortably and safely.

Jokes About Medical Conditions and Workplace Discrimination

Another common example involves teasing or negative comments about medical needs. For instance, a teacher with a chronic illness might need to take medication during the day. Comments that single out an employee’s medical needs—like jokes about medication or accommodations—can create a hostile, isolating environment and may count as disability harassment.

Excluding Employees with Mental Health Disabilities

Disability harassment at work isn’t limited to physical disabilities. It can also affect people with mental health conditions like depression or anxiety. Being passed over for projects, excluded from team meetings, or quietly left out of workplace activities after disclosing a medical condition can all signal disability-based bias. These patterns can limit opportunities and make employees feel unwelcome.

Retaliation for Disclosing a Medical Condition

One of the most common disability harassment examples in New York City is retaliation. This happens when an employer punishes an employee for telling them about a medical condition or asking for reasonable accommodation. Retaliation can include being given less desirable shifts, unfair performance reviews, or being left out of important meetings. The NYC Commission on Human Rights regularly issues penalties for employers who retaliate in this manner.

Why Disability Harassment at Work is Illegal in NYC

In New York City, it’s illegal for your job to treat you unfairly just because you have a disability. That includes making rude comments, refusing to give you reasonable help like a modified schedule, or punishing you for sharing a medical condition. If your workplace becomes uncomfortable or you’re treated differently after speaking up, that could be considered harassment or retaliation. Under the NYCHRL, the NYSHRL, and the federal Americans with Disabilities Act (ADA), you can pursue damages and corrective action.

What to Do If You Experience Disability Harassment or Retaliation

1. Contact an Employment Attorney

Before taking any other action, reach out to an experienced employment attorney at Rissmiller PLLC. An attorney can review your situation, explain your rights, and help you decide the best way to proceed. They can also guide you on what to document and how to communicate with your employer, which can be crucial if the situation escalates.

2. Keep Detailed Records

Write down what happened, when, and who was involved. Save emails, texts, or notes that show harassment or retaliation. If someone blocks your access or mocks your condition, document it. This evidence can be important for both internal complaints and legal claims.

3. Report the Problem Internally

After consulting with an attorney, you will likely want to report the harassment or retaliation to your HR department or a trusted supervisor. Give your employer a chance to address the issue. Sometimes, employers will take corrective action once they are formally notified.

4. File a Complaint with NYC Agencies

If your employer does not resolve the problem or if the harassment continues, you can file a complaint with the NYC Commission on Human Rights, the New York State Division of Human Rights, or the Equal Employment Opportunity Commission. These agencies investigate disability harassment and retaliation claims and can order your employer to make changes or pay damages.

Your Rights and Your Peace of Mind

You have the right to a safe, respectful workplace. You shouldn’t be punished for disclosing a medical condition or asking for help. If you face disability harassment at work, remember:

• You are not alone.
• The law is on your side.
• Help is available, and you can take action to protect yourself.

If you’re facing disability discrimination or retaliation at work, you have rights protected by law. At Rissmiller PLLC, we help New Yorkers fight unfair treatment, denial of accommodations, and hostile work environments. Alex Rissmiller, a Super Lawyers Rising Star offers a free, confidential consultation to review your case and discuss your options. Whether through negotiation or litigation, we work to secure compensation for lost wages, emotional distress, and more. Don’t wait—contact Rissmiller PLLC today to protect your rights with a skilled disability discrimination lawyer in NYC.