You are here: / / Employer’s Failure to Demonstrate a Proper Inquiry Was Made to Determine W...
,

Employer’s Failure to Demonstrate a Proper Inquiry Was Made to Determine Whether Reasonable Accommodations Were Possible for a Disabled Employee Precluded Summary Judgment

In affirming the denial of a summary judgment motion brought by the defendant-employer in an employment (disability) discrimination action, the Fourth Department determined the employer did not eliminate all the triable issues of fact concerning whether reasonable accommodation to the employee’s needs was possible:

Assuming, arguendo, that defendant met its initial burden of establishing that “plaintiff could not perform the essential functions of the position of a” center manager …, we conclude that there are triable issues of fact “whether, ‘upon the provision of reasonable accommodations, [plaintiff was qualified to hold his position and to] perform [ ] in a reasonable manner’ the essential function of that position” … . [U]nder the broad[ ] protections afforded by the State [Human Rights Law], the first step in providing a reasonable accommodation is to engage in a good faith interactive process that assesses the needs of the disabled individual and the reasonableness of the accommodation requested” … .Thus, “[t]he need for individualized inquiry when making a determination of reasonable accommodation is deeply embedded in the fabric of disability rights law . . . [E]mployers (and courts) must make a clear, fact-specific inquiry about each individual’s circumstance” … .In an employment discrimination case based on allegations of disability discrimination, “summary judgment is not available where there is a genuine dispute as to whether the employer has engaged in a good faith interactive process” … .Here, the court properly determined that defendant failed to eliminate all triable issues of fact with respect to, inter alia, whether defendant engaged in an interactive process to ascertain plaintiff’s needs and whether a reasonable accommodation was possible. Martin v United Parcel Service of America, Inc., 135, CA 12-01377, 4th Dept. 3-15-13

 

You might also like
DESCRIPTION OF CLOTHES WORN BY THE SUSPECT DID NOT MATCH THE CLOTHES WORN BY THE MAN OBSERVED BY THE POLICE, THE STOP OF THE CAR THE MAN GOT INTO WAS NOT JUSTIFIED BY REASONABLE SUSPICION OF CRIMINAL ACTIVITY, SEIZED WEAPONS SHOULD HAVE BEEN SUPPRESSED.
Defense Counsel’s Failure to Object to Considerable Testimony About Prior Consistent Statements Made by the Victim Concerning Alleged Sexual Abuse Did Not Constitute Ineffective Assistance of Counsel
Storm in Progress Doctrine Warranted Summary Judgment to Defendant in Slip and Fall Case
THE ARGUMENT THAT THE PROBATION OFFICER’S SEARCH OF DEFENDANT’S RESIDENCE WAS UNLAWFUL AND UNREASONABLE BECAUSE IT WAS BASED SOLELY ON AN UNCORROBORATED ANONYMOUS TIP WAS NOT PRESERVED FOR APPEAL, THE DISSENT DISAGREED; DEFENDANT DID NOT DEMONSTRATE DEFENSE COUNSEL WAS INEFFECTIVE FOR FAILING TO PRESERVE THE ISSUE (FOURTH DEPT).
FAILURE TO TIMELY FILE THE OBJECTIONS TO THE SUPPORT MAGISTRATE’S DETERMINATION DID NOT WARRANT DISMISSAL OF THE OBJECTIONS (FOURTH DEPT).
FRAUD ALLEGED TO HAVE BEEN COMMITTED IN A PRIOR PROCEEDING MUST BE ADDRESSED BY A MOTION TO VACATE THE JUDGMENT IN THAT PROCEEDING, NOT IN A SECOND PLENARY ACTION.
PLAINTIFF ALLEGED A DEFECTIVELY MAINTAINED AND/OR INSTALLED TRAFFIC SIGNAL ALLOWED A SIGNAL HEAD IN EACH DIRECTION TO SHOW A GREEN LIGHT, THEREBY CAUSING THE INTERSECTION COLLISION; ALTHOUGH THE TOWN DEMONSTRATED A LACK OF NOTICE OF THE CONDITION OF THE TRAFFIC SIGNAL, THE PLAINTIFF RAISED QUESTIONS OF FACT ON THE “FAILURE TO MAINTAIN THE INTERSECTION IN A SAFE CONDITION” AND “CREATION OF A DANGEROUS CONDITION” CAUSES OF ACTION, AND THE NEGLIGENCE CAUSE OF ACTION WAS SUFFICIENTLY ALLEGED (FOURTH DEPT).
Case Sent Back to Suppression Court for Hearing to Determine Admissibility of Statements

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

Failure to Object to Curative Instruction Precludes Appeal Meaning of “Passageway” at Work Site Explained