3.34 D. The Interactive Process Under the New York State Human Rights Law

• Library: Disability Law and Practice, Vol. 3 (NY) 2017

D. The Interactive Process Under the New York State Human Rights Law

New York State regulations set forth the obligations of both the employer and the employee to engage interactively in the reasonable accommodation process.

The employer’s obligations include:

• Providing information to applicants and new employees regarding their rights to their reasonable accommodation of disability and procedures to be followed in requesting reasonable accommodation;
• The duty to move forward to consider accommodation once the need for accommodation is known or requested. The employer has the duty to clearly request from the applicant or employee any documentation needed. Once an accommodation is under consideration, the employer has the right to medical or other information that is necessary to verify the existence of the disability, or to consider the accommodation. The...