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Total Articles: 4

New York City Employers Will Soon Be Obligated To Talk Out Reasonable Accommodations With Employees

The New York City legislature just enacted an amendment to the New York City Human Rights Law (NYCHRL) which codifies an employer’s obligation to engage in a cooperative dialogue with any employee who may be entitled to a reasonable accommodation. Although the amendments do not take effect until October 15, 2018, you should start the process of adjusting to this new reality right away.

New York City Employers Must Engage Employees in Accommodations Dialogue under New Law

Starting on October 16, 2018, entities covered by the New York City Human Rights Law (HRL) will be required to engage in cooperative dialogue with individuals who may be entitled to reasonable accommodations under the HRL. Passed by the New York City Council on December 19, 2017, Int. 804-A applies to employers, providers of public accommodations, and providers of housing accommodations.

New York’s Highest Court Rules That Perceived Alcoholics Are Not Protected Under New York City Human Rights Law

The New York Court of Appeals ruled that the New York City Human Rights Law (“NYCHRL”) does not permit a claim of disability discrimination based solely on a perception of untreated alcoholism. To sustain a claim, an individual must actually be a recovered (or recovering) alcoholic and no longer abusing alcohol. Makinen v. City of New York, 2017 NY Slip Op. 07208 (N.Y. October 17, 2017).

New York’s Highest Court Rules Indefinite Leave Is Not a Reasonable Accommodation Under State Human Rights Law, but May Be Under City Human Rights Law

New York’s highest court recently reinstated a former bank executive’s disability discrimination claim under the New York City Human Rights Law (NYCHRL) and affirmed the dismissal of his claim under the New York State Human Rights Law (NYSHRL). Romanello v. Intesa Sanpaolo, S.p.A., (N.Y. Oct. 10, 2013). In reaching this decision, the New York Court of Appeals reasoned that the NYCHRL affords broader protection to litigants and places the burden on employers to prove that an employee cannot, without reasonable accommodation, satisfy the essential requisites of the job. This decision serves as yet another reminder to New York City employers of the broad scope of the city’s anti-discrimination laws.
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