Costabile v. New York City Health and Hospitals Corporation

What the court decided

A hospital carpenter with work injuries and multiple sclerosis had been on leave for over a year when the employer wrote that he would be fired unless he submitted a doctor's note clearing him for "full duty." He never responded, never asked for an accommodation, and was fired. The court held that "generally, it is the responsibility of the individual with a disability to inform the employer that an accommodation is needed," and that the employer's knowledge that he was on extended leave, with doctor's updates on his ability to work, did not show it knew or should have known of a disability as opposed to an impairment, so it had no duty to start the interactive process on its own. It also held that the Rehabilitation Act cannot be enforced through 42 U.S.C. § 1983.

Who won

The employer won. The Second Circuit affirmed dismissal of the complaint, while rejecting the district court's reasoning that he had failed to exhaust internal remedies.

Why it matters for workers with a medical condition

Do not assume your employer will connect the dots. If you get a "return to full duty or be terminated" letter, answer it in writing and ask for what you need.

Key passage: 951 F.3d 77 at 81-83.

We do not host a copy of this decision. The full text is available free from United States Court of Appeals for the Second Circuit (official slip opinion).

This page summarizes the decision in plain language.