A we previously reported, a new law will amend the New York City Human Rights Law (“NYCHRL”) to require New York City employers with four or more employees to engage in a “cooperative dialogue” with an employee who requests a reasonable accommodation: (1) for religious needs; (2) due to a disability; (3) as a result of pregnancy, childbirth or a related medical condition; or (4) as a result of domestic violence, sex offenses or stalking. The new requirement will become effective October 15, 2018.

“Cooperative dialogue,” under the NYCHRL, is defined as a good faith written or oral dialogue concerning the person’s accommodation needs, potential accommodations (including alternatives to a requested accommodation), and the difficulties that potential accommodations may pose for the employer.

The new amendment further requires that when a final determination is reached, the employer must provide the employee with a written final determination identifying any accommodation that was granted or denied. Failing to provide employees with the written final determination, by itself, violates the NYCHRL.

New York City employers should update their reasonable accommodation policies to ensure compliance with the new amendments.