New York City Expands Reasonable Accommodation Response Requirements

Effective July 18, 2018, employers and operators of public accommodations and all housing in New York City must engage in a cooperative dialogue with individuals who may be eligible for an accommodation and provide a final determination of the dialogue to those individuals. Employers and other entities covered by the law should therefore review their reasonable accommodation policies to ensure compliance with the new requirement.

New York City Mayor Bill De Blasio signed into law an ordinance (the Ordinance) on January 19 that was passed by the New York City Council on December 19, 2017, amending the New York City Human Rights Law (NYCHRL) to expand protections for employees seeking a reasonable accommodation. Specifically, the law will require employers and operators of public accommodations and housing to engage in a cooperative dialogue with individuals who may be entitled to a reasonable accommodation and provide those individuals with a final written decision.

The new law makes it illegal for an employer to fail to engage in a “cooperative dialogue” within a reasonable time with either a person who has requested an accommodation or with a person who the employer has notice may require an accommodation, even without that individual specifically requesting such an accommodation. “Cooperative dialogue” is a new term to the NYCHRL and is defined under the Ordinance to mean the process through which an employer and a person who may be entitled to an accommodation under the law engage in good faith in a written or oral dialogue concerning the person's accommodation needs, including alternatives to the requested accommodation, and the difficulties that any potential accommodations may pose for the employer.

The concept is similar to theinteractive process that has long been required under disability discrimination law. The new cooperative dialogue process, however, will apply to accommodation requests relating to disability accommodation, religious accommodations, accommodations related to...