File #: Int 0804-2015    Version: Name: Reasonable accommodations for individuals with disabilities
Type: Introduction Status: Laid Over in Committee
Committee: Committee on Civil Rights
On agenda: 6/10/2015
Enactment date: Law number:
Title: A Local Law to amend the administrative code of the city of New York, in relation to reasonable accommodations for individuals with disabilities
Sponsors: Inez D. Barron, Mathieu Eugene, Rosie Mendez, Donovan J. Richards, Helen K. Rosenthal
Council Member Sponsors: 5
Summary: The New York City Human Rights Law currently requires the entities that it covers to make reasonable accommodations for individuals with disabilities, but does not require accommodations that would impose an “undue hardship” on the business. This bill clarifies the reasonable accommodation requirement by expressly requiring employers and potential employers to engage in a good faith interactive discussion with employees or applicants who have disabilities (including pregnancy and related conditions), in order to identify what reasonable accommodations are available to allow that person to perform the job in question.
Attachments: 1. Summary of Int. No. 804, 2. Int. No. 804 - 6/10/15, 3. June 10, 2015 - Stated Meeting Agenda with Links to Files, 4. Proposed Int. No. 804-A - 9/21/15, 5. Committee Report 9/21/15, 6. Hearing Testimony 9/21/15, 7. Hearing Transcript 9/21/15
Date Ver.Prime SponsorAction ByActionResultAction DetailsMeeting DetailsMultimedia
9/21/2015*Inez D. Barron Committee on Civil Rights Hearing Held by Committee  Action details Meeting details Not available
9/21/2015*Inez D. Barron Committee on Civil Rights Amendment Proposed by Comm  Action details Meeting details Not available
9/21/2015*Inez D. Barron Committee on Civil Rights Laid Over by Committee  Action details Meeting details Not available
6/10/2015*Inez D. Barron City Council Referred to Comm by Council  Action details Meeting details Not available
6/10/2015*Inez D. Barron City Council Introduced by Council  Action details Meeting details Not available

Proposed Int. No. 804-A

 

By Council Members Barron, Eugene, Mendez, Richards and Rosenthal 

 

A Local Law to amend the administrative code of the city of New York, in relation to reasonable accommodations for individuals with disabilities

 

Be it enacted by the Council as follows:

 

                      Section 1. Section 8-102 of the administrative code of the city of New York is hereby amended by adding a new paragraph 27, to read as follows:

                     27. The term “good faith interactive process” means a good faith, timely and flexible dialogue to determine what accommodations are feasible during which both the employee and employer may propose alternative arrangements.

                     § 2. Subdivision 15 of section 8-107 of the administrative code of the city of New York is hereby amended adding new paragraphs (d) and (e) to read as follows:

                     (d)  It is an unlawful discriminatory practice for any entity covered by this subdivision or subdivision 22 of this section, in relation to conduct covered by subdivisions 1, 2, or 22 of this section, to fail to engage in a good faith interactive process with a person who has a disability or other covered condition who requests an accommodation, provided that the disability or condition is known or should have been known by the covered entity. The purpose of that process is to identify potential accommodations and to evaluate the reasonableness of any accommodation proposed. At the conclusion of that process, the covered entity shall notify the person, in writing, of its decision regarding any accommodation discussed and the reason for that decision. It is not a defense to a claim under this paragraph that no reasonable accommodation would enable the person requesting an accommodation to satisfy the essential requisites of a job or enjoy the right or rights in question.

                     (e) Nothing contained in this subdivision shall be construed to offer less protection for the rights of individuals with disabilities than any applicable provision of federal, state or local law.

                     § 3. This local law takes effect 120 days after it becomes law.

 

 

LS 3635

7/16/15 1:00 PM