Jacobsen v New York City Health & Hosps. Corp.
22 N.Y.3d 824, 11 N.E.3d 159, 988 N.Y.S.2d 86, 2014 N.Y. Slip Op. 02098
New York Court of Appeals · March 27, 2014
What the court decided
Under the State Human Rights Law, an employer "normally cannot obtain summary judgment" unless the record shows it "duly considered the requested accommodation," and it cannot show that without "at least some deliberation upon the viability of the employee's request." The City law "unquestionably forecloses summary judgment where the employer has not engaged in a good faith interactive process regarding a specifically requested accommodation." Skipping the process does not by itself win the case for the employee, but under City law it "poses a formidable obstacle" to the employer. The court also held that an employer is not excused because the employee became totally disabled after it refused to accommodate him.
Who won
The employee won this round. The Court of Appeals, unanimously, modified the order by reinstating his State and City disability claims and otherwise affirmed.
Why it matters for workers with a medical condition
Under New York law, an employer that refuses a specific request without really considering it will usually have to defend its decision to a jury.
Key passage: 22 N.Y.3d at 837–43.
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