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In Disability Discrimination Suits Brought Under the NYS and NYC Human Rights Law, to Prevail on Summary Judgment, the Employer Must Demonstrate It Engaged in a Good Faith Interactive Process to Consider a Proposed Accommodation

In a full-fledged opinion by Judge Abdus-Salaam, the Court of Appeals determined that to prevail on a motion for summary judgment in a disability discrimination action brought under the New York State Human Rights Law and the New York City Human Rights Law, the employer must demonstrate it engaged in a good faith interactive process to consider the reasonableness of a proposed accommodation to the disability.  The failure to so demonstrate in this case precluded summary judgment.  The employee had developed a lung condition which required that he not be exposed to construction dust.  His job required that he visit construction sites.  With respect to the consideration of a proposed accommodation in the context of a summary judgment motion, the court wrote:

In light of the importance of the employer's consideration of the employee's proposed accommodation, the employer normally cannot obtain summary judgment on a State HRL claim unless the record demonstrates that there is no triable issue of fact as to whether the employer duly considered the requested accommodation. And, the employer cannot present such a record if the employer has not engaged in interactions with the employee revealing at least some deliberation upon the viability of the employee's request. Consequently, to prevail on a summary judgment motion with respect to a State HRL claim, the employer must show that it “engage[d] in a good faith interactive process that assesse[d] the needs of the disabled individual and the reasonableness of the accommodation requested” … . And, because the City HRL provides broader protections against disability discrimination than the State HRL, the City HRL unquestionably forecloses summary judgment where the employer has not engaged in a good faith interactive process regarding a specifically requested accommodation … .  Jacobsen v New York City Health and Hospitals Corporation, 34, CtApp 3-27-14

 

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