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To achieve our goal of keeping you informed, this blog is Part XV and an update of our series on federal laws that apply to the issues of workplace harassment, discrimination, & retaliation in New York. In Part XIV, we provided you with an overview of “Disability-Related Protections (Overview, Definitions, & Concepts)” under the various federal laws. Accordingly, to move the discussion forward, we have provided you with an overview of “The Process of Requesting Accommodation” under applicable federal laws in this blog and part XV of the series.

The Process of Requesting Accommodation under Federal Laws Applicable to Workplace Harassment, Discrimination, & Retaliation in New York.

NOTE: As mentioned in the previous blog and Part XIV, the information regarding the disability-related protections discussed in this short blog was current as of March 26, 2021.

Generally, it is not until an employee requests an accommodation that an employer is obligated to provide a reasonable accommodation or engage the employee in the interactive process. While it suffices if the employee lets the employer know about the need for change or an adjustment due to a medical condition, the employee requires to request an accommodation using the simplest terms possible.

However, for certain mental disabilities, there exists an exception to the general rule. For instance, an employee is neither required by the ADA to trigger the obligation of the employer to initiate the interactive process nor to request an accommodation where, specifically, such an employee has a mental impairment but does not understand the impact of their noticeable behavior. In such a scenario, the ADA requires the employer to kick start the interactive process when the employer notices that the employee has difficulty performing their job’s essential functions.

In other situations, if a disability is obvious to the employer, then the employee does not even require requesting an accommodation. This means that an employer may need to ask about an employee’s need an accommodation if such an employer believes that a disability is the result of the employee’s poor job performance. Accordingly, the ADA obligates such an employer to initiate an interactive process through which the employee and the employer can discuss a possible middle-ground for accommodating the employee, the employer’s needs for various positions, and come to an understanding regarding the limitations and abilities such an employee has due to the disability in question, once this employer identifies and becomes aware that the said employee needs a reasonable accommodation. Under the ADA, an employer may be held liable for receiving notice and failing, in good faith, to engage in the interactive process, particularly where an accommodation that would not impose an undue hardship exists, as well as where it would have been possible to provide the employee with reasonable accommodation.

In Part XVI, we will move forward the discussion and hammer on “Pregnancy-Related Protections (Overview, Discrimination, and Pregnancy as Disability),” as provided under several federal laws applicable to workplace harassment, discrimination, & retaliation in New York.

Until then, stay tuned for more legal guidance, training, and counsel. In the interim, reach us with questions or comments on our website at the Contact Us page!

Always rising above the bar,

Isaac T.,

Legal Writer & Author.