The New York State Division of Human Rights today announced an agreement with American Airlines Group, Inc. and several affiliated airlines to update their policies governing thousands of New York-based employees. Under this agreement, the airlines have modified internal policies to incorporate the definition of disability under the New York State Human Rights Law and will use this expansive definition when evaluating whether to grant reasonable accommodations to employees with disability-related absences. Today’s agreement between the Division of Human Rights and American Airlines helps advance workplace protections for thousands of New York-based employees at one of the largest airline companies in the world.
“In the State of New York, it is unlawful for any employer to deny a reasonable accommodation—such as time off for a medical appointment or temporary medical leave—to an employee with a known disability covered by the Human Rights Law,” New York State Division of Human Rights Commissioner Denise M. Miranda, Esq. said. “Individuals with disabilities may require specialized medical care, and it is essential that workplaces facilitate reasonable accommodations—because employees should never have to choose between their health and their job. The Division is committed to defending the rights of individuals with disabilities, and I'm proud of our agreement with American Airlines to strengthen workplace anti-discrimination policies and protections for thousands of New Yorkers.”
New York State Chief Disability Officer Kim Ridley said, “Many people don’t realize that New York State has some of the strongest disability protections in the nation, stretching well beyond the federal ADA. This agreement with American Airlines and its affiliates is a massive victory because it ensures corporate policies actually reflect our stronger state laws. Ensuring that disability-related absences and medical appointments are properly accommodated means New Yorkers with disabilities can stay employed, stay healthy, and thrive in their careers without fear of unfair retaliation.”
The case that led to today’s announcement was brought by the Division Initiated Action Unit (DIAU), a specialized unit within the New York State Division of Human Rights. Whereas most complaints filed with the Division are submitted by individual New Yorkers, DIAU is empowered to launch investigations into patterns of discrimination and bring complaints on its own initiative.
DIAU initiated an investigation into American Airlines Group, Inc. and several affiliated airlines—including American Airlines, Inc.; Envoy Air, Inc.; Republic Airways Inc.; and Piedmont Airlines, Inc.—after receiving reports that airline employees were being penalized for taking time off related to medical needs covered under the New York State Human Rights Law.
DIAU filed a complaint alleging that the airlines operated “points-based” attendance policies in which the accumulation of attendance points could result in disciplinary action or termination, and that airline employees had been penalized for taking time off even if their absence was related to a medical condition protected by the Human Rights Law.
Under the New York State Human Rights Law, employers must provide reasonable accommodations for an employee’s known disability unless doing so would cause the employer undue hardship.
Prior to the agreement announced today, the Division alleged that the airlines evaluated disability-related reasonable accommodation requests using only the definition of “disability” set out under the federal Americans With Disabilities Act. Under the ADA, a disability must substantially limit an individual’s major life activity. However, the definition of disability under the New York State Human Rights Law is significantly broader and covers many more physical, mental, and medical impairments than the ADA.
The agreement announced today between the Division and American Airlines follows substantive discussions and engagement between the parties in this case. Under today’s agreement, the airlines have all agreed to modify their policies governing New York-based employees so that they include a reference to the definition of disability under the New York State Human Rights Law. Going forward, the airlines will use this expansive definition when they are evaluating whether to grant reasonable accommodations to New York-based employees with disability-related absences.
This is an important win for workers in New York State, whose rights in the workplace are stronger as a result of these updated policies. The Division of Human Rights remains committed to protecting the rights of every employee, in every workplace, in every corner of our state.
About the New York State Division of Human Rights
The New York State Division of Human Rights is the state agency that enforces the New York State Human Rights Law, the country’s oldest state-level anti-discrimination law and one of the most comprehensive sets of civil rights protections in the nation.
Anyone who believes they have experienced discrimination can report it to the Division by calling (844) 697-3471 or visiting dhr.ny.gov. Individuals can report systemic issues of discrimination to the Division Initiated Action Unit at [email protected]. All Division proceedings are conducted free of charge.
For more information about the New York State Human Rights Law or to report discrimination, please visit dhr.ny.gov, and follow the Division of Human Rights on social media: Facebook, Instagram, LinkedIn, Threads, X, and YouTube.
