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