Matthew L. Berman
Class actions · Employment · Civil rights
(516) 203-7180

The case library

Friedman v Bloomberg, L.P.

230 A.D.3d 1060, 218 N.Y.S.3d 607, 2024 N.Y. Slip Op. 04602

Appellate Division, First Department · September 26, 2024

What the court decided

Under the City Human Rights Law, an employer's awareness of an employee's disability "triggered a duty to engage plaintiff 'in a good faith interactive process to assess [her] needs' and potential accommodations, 'even in the absence of a specific request.'" The employee had repeatedly told her supervisors that her dyslexia made writing social media copy difficult, and there were fact questions about whether the employer actually considered a proofreader. Her firing two days after a written accommodation request also went to a jury, even though there was evidence the decision had already been made, because a supervisor tied it in part to her "mandate around [her] responsibilities."

Who won

The employee won this round. The Appellate Division unanimously affirmed the denial of the employer's motion for summary judgment.

Why it matters for workers with a medical condition

In New York City you may not need to make a formal request. Telling your supervisors, clearly and more than once, how your condition affects your work can be enough to require the employer to start the conversation.

Key passage: 230 A.D.3d at 1061.

We do not host a copy of this decision. The full text is available free from New York State Law Reporting Bureau (official slip opinion).

This page summarizes the decision in plain language.

Where this case comes up in the guide