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NY Employers Have Heightened Obligation to Engage in Interactive Process with Disabled Individuals.
A recent New York State appellate decision clarifi es
employers’ obligation to engage in an interactive
process to accommodate disabled individuals. This
decision, Phillips v. City of New York, is further proof
that the scope of New York’s state and city antidiscrimination
laws are signifi cantly broader than
their federal counterparts. The appellate court in
Phillips reversed the trial court’s dismissal of a
disability discrimination complaint on the grounds
that the employer had not adequately participated
in the interactive process required by state and city
anti-discrimination law, despite the fact that the
employee had been granted twelve weeks of
medical leave pursuant to the Family Medical Leave
Act (the “FMLA”).
