Practice point: The Appellate Division reversed the granting of defendant's motion for summary judgment on this disability discrimination claim. The Appellate Division noted that an employer has a duty to move forward to consider accommodation
once the need for accommodation is known or requested, pursuant to NYCRR
466.11[j][4], and, viewing the evidence in the light most favorable to the
nonmovant, and found that plaintiff's responses to the notice of proposed
termination could reasonably have been understood as a request for
accommodation, which the Department of Correctional Services rejected by terminating plaintiff's
employment based on her inability to return to work within the one year
permitted under Civil Service Law § 71.
The Appellate Division concluded that defendants failed to establish, prima
facie, that they engaged in a good faith interactive process that
assessed plaintiff's needs and the reasonableness of her
requested accommodation.
Student note: An employer normally cannot obtain summary judgment on a disability
discrimination claim pursuant to Executive Law § 296 unless the record
demonstrates that there is no triable issue of fact as to whether the
employer duly considered the requested accommodation. 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.
Case: Cohen v. State of New York, NY Slip Op 05147 (2d Dept. 2015)
Here is the decision.
Tomorrow's issue: Attorneys' fees and expenses for frivolous conduct.
