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.
