Is my condition a “disability” under New York law?

How do the three definitions compare?

• New York State. “[A] physical, mental or medical impairment resulting from anatomical, physiological, genetic or neurological conditions which prevents the exercise of a normal bodily function or is demonstrable by medically accepted clinical or laboratory diagnostic techniques,” a record of one, or a condition “regarded by others” as one (Exec. Law § 292(21)). For employment, it is limited to conditions that, with reasonable accommodation, do not prevent you from “performing in a reasonable manner the activities involved in the job or occupation sought or held.”
• New York City. “[A]ny physical, medical, mental or psychological impairment, or a history or record of such impairment,” including “[a]n impairment of any system of the body” and any mental or psychological impairment (Admin. Code § 8-102). There is no severity threshold, and discrimination because of a “perceived” disability is also covered (§ 8-107(1)(a)).
• Federal (ADA). An impairment that “substantially limits one or more major life activities,” a record of one, or being regarded as having one (42 U.S.C. § 12102(1)). Major life activities include the operation of major bodily functions, such as immune, neurological, digestive, respiratory, circulatory and endocrine functions (§ 12102(2)(B)).

Does it matter that my condition comes and goes, or is controlled by medication?

Not under the ADA. A condition that is episodic or in remission counts if it would be substantially limiting when active, and the effect of medication and other treatment is ignored in deciding whether it is limiting (42 U.S.C. § 12102(4)(D), (E)). Under the State and City laws the question hardly arises, because neither requires a limitation at all.

What have courts said?

• The State definition reaches conditions that are “merely diagnosable medical anomalies,” and an employer may not refuse to hire someone because of a condition detected before it caused any symptoms (State Div. of Human Rights v Xerox Corp., 65 N.Y.2d 213, 219 (1985), affirming a finding of discrimination).
• There does have to be a diagnosable condition: weight alone, without one, was not a disability under the State law (Matter of Delta Air Lines v New York State Div. of Human Rights, 91 N.Y.2d 65, 73 (1997), affirming the annulment of an agency finding for the employees). New York City, however, has separately prohibited discrimination because of height or weight since November 22, 2023, with narrow exceptions (Admin. Code § 8-107(1)(a), (g)).
• Under the ADA, a condition that keeps you from one particular job, or from working for particular supervisors, does not substantially limit the activity of working (Woolf v. Strada, 949 F.3d 89, 94–95 (2d Cir. 2020), affirming judgment for the employer). That limit does not exist under the State or City definitions.

Is pregnancy a disability?

Not by itself. Pregnancy has its own protections: the federal Pregnant Workers Fairness Act, the State’s “pregnancy-related conditions” (Exec. Law § 292(21-f)), and the City’s protection for “pregnancy, childbirth, or related medical condition” (Admin. Code § 8-107(22)). A complication of pregnancy can also be a disability. See pregnancy.

What about medical cannabis?

Under State law, being a certified medical cannabis patient “shall be deemed to be having a ‘disability’” under the State Human Rights Law (Cannabis Law § 42(2)). That does not protect working while impaired: the same subdivision does not bar enforcing a policy against performing job duties “while impaired by a controlled substance,” and does not require an employer to violate federal law or lose a federal contract or federal funding (§ 42(2)).

Separately, the Labor Law forbids penalizing you for legal cannabis use before or after work hours, off the employer’s premises and without its equipment (Labor Law § 201-d(2)(b)). An employer may still act if a law or government mandate requires it, if you are impaired, meaning you show “specific articulable symptoms while working” that lessen your job performance or interfere with workplace safety, or if not acting would violate federal law or cost it a federal contract or funding (§ 201-d(4-a)). You can sue for equitable relief and damages (§ 201-d(7)(b)). In New York City, an employer generally may not require a job applicant to be tested for marijuana as a condition of employment. The exceptions include police and peace officers, positions requiring a commercial driver’s license, positions supervising or caring for children, medical patients or vulnerable persons, other safety-sensitive positions identified by the City, and testing required by federal or state rules, federal contracts or grants, or a union contract (Admin. Code § 8-107(31)).

Why does the definition matter?

Because the definition decides whether you are protected at all. An employer defending a federal claim often argues first that the condition is not serious enough to count. That argument is much harder to make under the State law and harder still under the City law, which is one reason New York claims are usually brought alongside, or instead of, federal ones. The Division of Human Rights says the State definition “covers many conditions that have been found to be not a disability under the Federal Americans with Disabilities Act” (9 NYCRR 466.11(c)(1)).

What are the deadlines?

General periods only; when a period starts depends on the facts. An EEOC charge under the ADA or the PWFA is generally due within 300 days in New York. A State Human Rights Law claim can be brought in court within three years (CPLR 214(2)), or with the Division of Human Rights within three years for conduct on or after February 15, 2024 and one year before that (Exec. Law § 297(5)). A City Human Rights Law claim can be brought in court within three years (Admin. Code § 8-502(d)) or with the City Commission within one year (§ 8-109(e)). Filing with the Division or the Commission can bar a later lawsuit on the same claim (Exec. Law § 297(9); Admin. Code § 8-502(a)). See the deadlines on the main page.

What is unsettled?

• The State’s job-performance limit. The State definition, for employment, covers only conditions that with reasonable accommodation do not prevent you from performing the job “in a reasonable manner” (Exec. Law § 292(21)). The City definition has no such limit, and makes the employer prove, as a defense, that you could not do the job even with an accommodation (Admin. Code § 8-107(15)(b)). The 2019 direction to construe the State law liberally (Exec. Law § 300) may narrow the difference, and the Second Department has said the amended State law “now aligns with the standards of” the City law (Wright v White Plains Hosp. Med. Ctr., 237 A.D.3d 1143, 1145 (2d Dep’t 2025)). But the limit is still in the text of the State definition, and how courts will apply it after the amendment is not yet clear.

What should I gather?

• A letter from your doctor naming the condition and describing how it affects you, with and without treatment.
• Records showing when you were diagnosed and when your employer learned of it.
• Anything your employer said or wrote about your condition, or about how it thought your condition would affect your work.