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Disability Employment Law

By Joseph D. Nohavicka

In a recent decision penned by Judge Sheila Abdus-Salaam, Jacobsen v. New York City Health and Hospitals Corporation, 2014 NY Slip Op 02098 (March 27, 2014), the Court of Appeals addressed the obligations of an employer when an employee puts it on notice that he has a disability.

The court ruled that an employer's failure to consider the reasonableness of a proposed accommodation for a generally qualified employee's disability via a good-faith interactive process precludes the employer from obtaining summary judgment because it is a violation of the state Human Rights Law (Executive Law ' 296) and the city Human Rights Law (Administrative Code of the City of NY ' 8-107.).

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