Appellate court rules for employer on interactive process issue

In a recent decision, the Appellate Division, Second Department ruled an employer’s alleged failure to engage in the “interactive process” wasn’t an independent element of a disability discrimination claim under the New York State Human Rights Law (NYSHRL). Read on to understand what this decision means for your business and why it is normally always a good idea to engage in the interactive process.

Background

Michael Gibbons, an employee of the New York State Unified System Office of Court Administration (OCA), was forcibly transferred in 2009 to a Brooklyn court assignment following discipline. In 2012, he moved from Queens to Suffolk County, which lengthened his commute to Brooklyn. He then claimed he was unable to commute to Brooklyn from his Suffolk County home because of his worsening Crohn’s disease and liver condition.

In 2014, unable to work at all, Gibbons went on sick leave and applied for a disability retirement and Social Security disability benefits.

In 2015, Gibbons sued New York State alleging that OCA refused to accommodate his request to work in a court closer to his Suffolk home. A jury determined that although he had a qualifying disability and had made a request for a reasonable accommodation, he failed to prove his requested accommodation was “reasonable.”

On appeal, Gibbons argued the trial court judge failed to instruct the jury on OCA’s failure to engage in the interactive process over his request for an accommodation.

No interactive process, no problem?