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Appellate Court Rules for Employer on Interactive Process Issue

September 26, 2022

Via: HR Hero

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.


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.

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