The New York Court of Appeals (“the Court”) recently ruled that an employer’s failure to demonstrate reasonable attempts to address a disabled employee’s request for an accommodation prevents courts from eliminating the case at an early stage. This early-stage is known as a summary judgment motion, and restricting its application opens employers to protracted litigation.
Plaintiff William Jacobsen worked for defendant Health and Hospitals Corporation (“HHC”). Jacobson developed a work-related lung disease from routinely attending project meetings, which exposed him to asbestos and environmental dust. He was ultimately terminated once HCC determined he was unable to perform the essential functions of his position. HCC did not consider plaintiff’s request to perform exclusively desk work, arguing plaintiff’s position inherently required him to perform construction site visits.
After his termination, Jacobsen brought claims under both the New York State and the New York City Human Rights Laws. Even though the standards set forth in the statutes are distinct, the Court applied its holding to both laws. As a result, an employer planning to seek summary judgment as part of a defense to either type of claim must show it considered plaintiff’s request for an accommodation.
Employers need to engage in discussion with employees requesting accommodations and jointly consider possible solutions. Employee claims need to be examined, not simply dismissed because of an assumption made after an initial review of the facts.
This requirement comes on the heels of an expanded definition of disability, discussed in a recent newsletter. The message is clear: courts are encouraging genuine discussions between employers and employees. Disability is better addressed in the workplace than the courtroom.