On January 18, 2018, New York City passed Int. No. 804-A, which amends the New York City Human Rights Law (“NYCHRL”) to require employers to engage in a “cooperative dialogue” to address an employee’s accommodation needs. Specifically, employers must engage in a cooperative dialogue within a reasonable time, upon request for a reasonable accommodation or when the employer has notice an employee may require an accommodation, related to religious needs; disability; pregnancy, childbirth, or a related medical condition; or as a victim of domestic violence, sex offenses, or stalking.

A “cooperative dialogue” includes a good faith written or oral dialogue about a person’s accommodation needs, addressing the accommodation needs including alternatives to a requested accommodation, and the difficulties that potential accommodations may post for the employer. Once a final determination is reached after the cooperative dialogue process, an employer must provide the employee with a written final determination identifying any accommodation that was either granted or denied. Importantly, an employer cannot find that no reasonable accommodation is available without engaging in, or attempting to engage in, a cooperative dialogue.