Employer Refusing to Clear Employee to Return With Work Restrictions
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Reviewed & verified by A. Jason Velez, Esq.*
Managing Attorney, 1LAW · Last reviewed January 14, 2026
Legal Inquiry
Consumer Legal Issue
HR refuses to clear me after I had a knee replacement because I have a note restrictions.
The restrictions do not interfere in doing my job duties.
Attorney Answer
Because your restrictions don't interfere with your job duties, this likely isn't a reasonable-accommodation question at all — no accommodation is being requested — so the real issue is whether HR is unlawfully refusing to return a qualified employee to work, potentially by treating you as disabled.
Under New York State and federal disability discrimination law, an employer generally cannot categorically refuse to clear an employee for work when the restrictions don't affect the essential functions of the job. Refusing to return a qualified employee under those circumstances can amount to discrimination based on actual or perceived disability, separate from any accommodation analysis. Mount Vernon is not within New York City, so the New York City Human Rights Law does not reach you — but you are not limited to state and federal law either. Mount Vernon is in Westchester County, and the Westchester County Human Rights Law prohibits employment discrimination on the basis of disability countywide, including an employer's failure to engage in the interactive process over a reasonable accommodation. It is enforced by the Westchester County Human Rights Commission, which takes complaints directly, so that county forum is open to you alongside the state and federal ones. New York's Executive Law § 297 sets the procedure for state Human Rights Law disability claims: an administrative complaint generally must be filed with the Division of Human Rights within three years of the discriminatory act (one year for acts before February 15, 2024), or you may instead sue in court.
What you can do:
1. Request, in writing, that HR state its specific reason for refusing to clear you, creating a documented record.
2. Ask your doctor to confirm in writing that your restrictions don't limit your ability to perform essential job duties.
3. If HR continues to refuse clearance without a legitimate basis, file a complaint with the New York State Division of Human Rights or the EEOC, or consult an employment attorney about suing directly.
⏱ Time limits apply. Disability discrimination claims under state and federal law have limited administrative filing windows. Because HR's continued refusal could be time-sensitive, have a local employment attorney review your situation promptly to confirm your exact filing deadline.
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Frequently Asked Questions
Can an employer refuse to let an employee return to work if a doctor's restrictions don't affect job duties?
Generally, an employer cannot categorically refuse to return a qualified employee to work when medical restrictions don't affect the essential functions of the job; doing so may raise disability discrimination concerns under state and federal law.
What is the difference between requesting a reasonable accommodation and facing disability discrimination?
A reasonable accommodation request seeks a change needed to perform job duties, while discrimination involves being treated unfairly based on an actual or perceived disability even when no accommodation is needed; the two are analyzed differently under employment law.
How long do I have to file a disability discrimination complaint?
In many states, administrative disability discrimination complaints must be filed within a limited window after the discriminatory act, so consulting an employment attorney promptly is generally recommended to confirm the applicable deadline.
