A recent amendment to the New York City Human Rights Law (“NYCHRL”) reaffirms that employers must engage in a “cooperative dialogue” with employees who request a “reasonable accommodation.” While this obligation has been recognized for years under the NYCHRL and the federal Americans with Disabilities Act (“ADA”), the amendment clarifies what constitutes a “cooperative dialogue” and adds documentation requirements as well.

The New York City Human Rights Law is one of the nation’s most comprehensive anti-discrimination laws, more expansive than federal Title VII or even the New York State Human Rights Law. In most cases, the NYCHRL only applies to employers and employees in New York City.  The recent “cooperative dialogue” amendment to the NYCHRL expands employers’ obligations when an employee requests an accommodation. Under the law, an employee may request a “reasonable accommodation” for a disability, pregnancy or related conditions, religious needs or recovery from domestic violence. As amended, the law will require employers to “engage in good faith in a written or oral dialogue” about what sort of accommodation the employee needs. As part of that “good faith” dialogue, employers will be required by the NYCHRL to issue the employee a “written final determination” as to why the requested accommodation will be granted or denied.

Notably, the law will require employers to engage in the dialogue in virtually all instances, even if it seems apparent that no reasonable accommodation is possible.

The law will go into effect on October 19, 2018. For now, New York City employers should review their internal policies to ensure consistency with the NYCHRL’s new requirements, and make sure human resources’ representatives understand how to handle employee requests for accommodations.