NYC Commission on Human Rights Legal Enforcement …

June 2018

NYC Commission on Human Rights Legal Enforcement Guidance on Discrimination on the Basis of Disability

Bill de Blasio, Mayor | Carmelyn P. Malalis, Commissioner/Chair

Central Office: 22 Reade Street, New York, NY 10007

HumanRights |

@NYCCHR

Table of Contents

Introduction

6

Violations of the NYCHRL: Prohibitions on Disability Discrimination 13

Disparate Treatment

13

1. Treating People Less Well Because of Disability

15

2. Harassment

19

3. Discriminatory Policies

20

4. Actions Based on Stereotypes and Assumptions

23

Neutral Policies That Have a

Discriminatory Impact

24

Associational Discrimination

30

1. Associational Disparate Treatment Claims

30

2. Associational Reasonable Accommodations Claims

32

Postings, Applications, and

Selection Processes

35

Employment

35

1. Job Postings and Advertisements

35

2. Applications

36

3. Interviews

39

4. Selection Processes After Interviews

40

5. Procedures Related to Current Employees

42

2

NYC Commission on Human Rights Bill de Blasio, Mayor | Carmelyn P. Malalis, Commissioner/Chair HumanRights | @NYCCHR

Housing

45

1. Postings

45

2. Applications and Interviews

46

Public Accommodations

47

1. Postings

47

2. Applications and Interviews

48

Reasonable Accommodations in Employment,

Housing, and Public Accommodations Based

on Disability

50

Process for Requesting or Offering

Reasonable Accommodations

51

1. Initiating a Cooperative Dialogue

52

2. Engaging in a Cooperative Dialogue

55

3. Concluding the Cooperative Dialogue

64

4. Cooperative Dialogue Sample Scenarios

66

Failure to Engage in the Cooperative

Dialogue in Employment, Housing, and

Public Accommodations

73

Failure to Provide Reasonable Accommodations

for Disabilities in Employment, Housing, and

Public Accommodations

74

Defenses to a Claim of Failure to

Provide Reasonable Accommodations for

Covered Entities

75

1. Undue Hardship

76

3

NYC Commission on Human Rights Bill de Blasio, Mayor | Carmelyn P. Malalis, Commissioner/Chair HumanRights | @NYCCHR

2. Essential Requisites of the Job 3. Requested Accommodation Implicates Other

City, State, or Federal Law

Types of Accommodations Based on Disability

Employment

1. Hiring 2. Physical Space, Assistants, Technology, and

Service Animals 3. Work Restructuring or Reassignment 4. Leave

Housing

1. Physical Space and Technology 2. Policies and Practices 3. Service Animals and Emotional Support Animals 4. Relocation

Public Accommodations

1. Physical Space and Technology 2. Policies and Practices

Retaliation

Discriminatory Harassment

Appendices

Cooperative Dialogue 4

83

86

87

87

88

89 91 92

94

95 98 99 102

103

103 104

106 109 111

112

NYC Commission on Human Rights Bill de Blasio, Mayor | Carmelyn P. Malalis, Commissioner/Chair HumanRights | @NYCCHR

Sample Reasonable Accommodation Request

Form (Employment)

114

Sample Grant or Denial of Reasonable

Accommodation Request Form (Employment)

120

Sample Letter to Employee on Leave

122

Service Animal One-Pager

124

Sample Sign Notifying Public How to Request

Accommodation in Public Accommodations

127

Sample Service Animals Welcome Sign

128

Sample Reasonable Accommodation Policy

129

5

NYC Commission on Human Rights Bill de Blasio, Mayor | Carmelyn P. Malalis, Commissioner/Chair HumanRights | @NYCCHR

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