New York City Human Rights Law “Cooperative Dialogue” Requirement

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Manatt, Phelps & Phillips, LLP

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.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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