New York City Human Rights Law “Cooperative Dialogue” Requirement

Tip of the Month - Employment and Labor Law

Pursuant to recent amendments to the New York City Human Rights Law, subject to certain exceptions, employers must now engage in a “cooperative dialogue” with employees who have requested an accommodation in connection with matters including (i) religious purposes; (ii) disability-related reasons; (iii) pregnancy, childbirth or related medical conditions; and (iv) needs arising out of domestic violence or sexual offenses. Specifically, effective October  15, 2018, this “Cooperative Dialogue Law” dictates that covered employers must engage in a good-faith, written or oral dialogue concerning the employee’s requested accommodation, as a prerequisite to determining whether and, if so, what kind of an accommodation should be provided. Upon reaching a final decision, employers must then provide the requesting employee with a written final determination. Covered employers should promptly update their relevant policies and procedures, and appropriately train their employees, in order to ensure compliance with the law.

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