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NYC: Amended Law Requires Cooperative Dialogue with Individuals Who May Be Entitled to Reasonable Accommodation

Posted on January 25 2018 04:33 PM

Law Requires Written Final Determination

New York City has amended its Human Rights Law to require covered employers to engage in a cooperative dialogue with individuals who may be entitled to reasonable accommodation. Highlights of the amended law are presented below.

Amended Law
Under the amended law, covered employers (or their employees or agents) are generally prohibited from refusing or otherwise failing to engage in a cooperative dialogue within a reasonable time with a person who has requested an accommodation (or who the employer has notice may require such an accommodation):

  • For religious needs;
  • Related to a disability;
  • Related to pregnancy, childbirth, or a related medical condition; or
  • For such person's needs as a victim of domestic violence, sex offenses, or stalking.

Upon reaching a final determination at the conclusion of a cooperative dialogue, the employer must provide any person requesting an accommodation (who participated in the cooperative dialogue) with a written final determination identifying any accommodation granted or denied.

Note: The determination that no reasonable accommodation would enable the person to satisfy the essential requisites of a job or enjoy the right(s) in question may only be made after the parties have engaged (or the employer has attempted to engage) in a cooperative dialogue.

Click here to read the text of the law. The law is effective October 16, 2018.

Background
The New York City Human Rights Law, generally applicable to employers with 4 or more employees, prohibits unlawful discrimination in employment based on protected characteristics and requires employers to provide certain reasonable accommodations. (Note that some provisions of the law may protect employees regardless of the size of the business.) Click here for more information.

To review other laws specific to New York, visit the State Laws section, click on New York, and choose your topic of interest from the left-hand navigation menu.