ADA request denied

My sister works part-time in New York for a large membership-based organization in a safety-sensitive role that requires continuous monitoring of patrons. She also has additional instruction-related duties in the same department.

Earlier this year, during staffing shortages/call-outs, she was required to perform continuous safety monitoring beyond the usual break/rotation limits and was unable to obtain timely relief for urgent restroom access while operations remained open. She reported these safety/policy concerns up the chain and asked for review.

Shortly after, she submitted a physician-supported disability accommodation request. The requested accommodations were focused on ensuring predictable relief/coverage and clear escalation steps during staffing shortages so she can safely perform her duties. She believes these requests align with recognized safety practices and the organization’s internal procedures. When staffing is normal, similar relief/coverage practices are generally followed informally; the problems occur during shortages when coverage breaks down.

The employer later responded in writing denying the requested accommodations for her safety-sensitive monitoring role and offered only an alternative of shifting her away from that role (reducing/removing those shifts) and reallocating her to other duties instead, rather than providing an in-role accommodation plan.

She then provided a return-to-work/fitness-for-duty clearance from her treating physician stating she can return to work effective immediately (with accommodations referenced). Despite this, she is still waiting for clear written guidance on return-to-work steps and when she will be placed back on the schedule.

Questions:

1.	Under NY law (and federal ADA concepts), does offering only a reduction/removal from the primary safety-sensitive role instead of in-role accommodations raise legal concerns?

2.	What documents/facts are most important to preserve, and what practical next steps usually make sense in this situation?

Not asking anyone to be our lawyer—just trying to understand whether this is worth pursuing and how to protect her.

Location: NYC