Recently, the New York City Council amended the New York City Human Rights Law (“NYCHRL”) to require New York City employers to engage in a particular process in response to an employee’s request for an accommodation. The new requirement will be effective October 15, 2018.
Specifically, the amendment will expand upon existing requirements under the NYCHRL, and will require employers to engage in a “cooperative dialogue” with an employee who requests a reasonable accommodation: (1) for religious needs; (2) due to a disability; (3) as a result of pregnancy, childbirth or a related medical condition; or (4) as a result of domestic violence, sex offenses or stalking. “Cooperative dialogue,” under the NYCHRL, is defined as a good faith written or oral dialogue concerning the person’s accommodation needs, potential accommodations (including alternatives to a requested accommodation), and the difficulties that potential accommodations may pose for the employer.
The recent amendment further requires that when a final determination is reached, the employer must provide the employee with a written final determination identifying any accommodation that was granted or denied.