On January 2, 2026, the U.S. District Court for the Southern District of New York ruled that the denial of an employee’s request to continue working from home as a disability accommodation was not enough to constitute disability discrimination, finding that the failure to accommodate alone is not an adverse employment action.

• The U.S. District Court for the Southern District of New York ruled that denying an employee’s request to continue working from home as a disability accommodation does not constitute disability discrimination.
• The ruling emphasized that an adverse employment action supporting a disability discrimination claim must be based on an employee’s disability.
• The ruling underscores the importance of the interactive process in accommodating employees and clarifies the difference between proving a failure to accommodate claim versus discrimination.

The district court granted summary judgment in favor of New York City on a claim by a former New York City Department of Social Services (DSS) employee who alleged discrimination under the Rehabilitation Act, which is analyzed under the same standard as under the Americans with Disabilities Act (ADA). The court ruled that while a denial of an accommodation can constitute an adverse action in the context of a retaliation claim, it does not equate to an adverse employment action in the context of a disability discrimination claim.

Alleged Discrimination

Former DSS employee Sally Ramirez filed suit against the city...

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