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.
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Where this case comes up in the guide
- Working with a medical condition: Do I have to tell my employer about my condition?
- Working with a medical condition: Can I be fired because of my condition, my leave or my request?
- Can I be fired because of my condition? Can I be fired for asking for an accommodation?
- Do I have to tell my employer? Does my employer have to act if I never asked?