What is the “cooperative dialogue” in New York City?
When you ask for an accommodation for a disability, pregnancy, religious practice, or needs arising from domestic violence, a sex offense or stalking, or when your employer has notice that you may need one, it must discuss it with you in good faith within a reasonable time and then give you a written final decision. Failing to have that dialogue is a violation in itself.
Who does this apply to?
Employees and applicants covered by the City law who need an accommodation for a disability, pregnancy or a related condition, religion, or status as a victim of domestic violence, a sex offense or stalking (Admin. Code § 8-107(28)(a)).
The rules
- Within a reasonable time, with someone who asked or whom the employer has notice may need an accommodation (§ 8-107(28)(a)).
- What it is: a good-faith discussion, written or oral, about your needs, possible accommodations including alternatives, and any difficulties they would pose (§ 8-102).
- A written final decision identifying any accommodation granted or denied (§ 8-107(28)(d)).
- No shortcut. The employer may conclude that nothing would work only after the dialogue, or an attempt at it (§ 8-107(28)(e)).
- The employer must prove undue hardship (§ 8-102).
What courts have said
The City law “unquestionably forecloses summary judgment where the employer has not engaged in a good faith interactive process regarding a specifically requested accommodation” (Jacobsen v New York City Health & Hosps. Corp., 22 N.Y.3d 824, 837–38 (2014)). But in Cronemeyer v City of New York, 248 A.D.3d 432, 432–33 (1st Dep’t 2026) the claim failed because the employee used the employer’s approved appeals process and did not show how it fell short.
What should I gather?
- Your request, in writing, and the date you made it.
- Every response, and the written final decision, or a note that you never got one.
- Any alternatives you suggested.
For how to make the request, see how to ask for a reasonable accommodation.
Get an estimate
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Your rights under the NYC Human Rights Law: the full guide
This page is general information about New York City, New York State and federal law, last reviewed September 2026. It is not legal advice, and reading it does not create an attorney-client relationship. The City law is amended often, and which parts of it cover you depends on facts this page does not know. If a deadline may be close, speak with a lawyer now.