Labor & Employment Law

Discrimination complaint dismissed because law did not require an accommodation at the time the request for an accommodation was made

Matter of Rappo v New York State Div. of Human Rights, 2008 NY Slip Op 09447, decided on December 2, 2008, Appellate Division, First Department

The New York State Division of Human Rights dismissed Frances V. Rappo?s claim that she had been unlawfully discriminated against by her former employer, the New York City Human Resources Administration (HRA). Rappo alleged that HRA had failed to reasonably accommodate her disability.

The Appellate Division dismissed Rappo?s petition, explaining that at the time she made her request for a reasonable accommodation of her disability Executive Law § 292(21) -- New York State?s Human Rights Law -- did not require an employer to provide "reasonable accommodations" of an applicant?s or an employee?s disability.

Further, the court said that substantial evidence supports the determination that HRA was not required to provide Rappo with a job transfer as a reasonable accommodation, since she failed to demonstrate that she could not perform the essential duties of her then present job and that she would be able to perform the essential duties of another job.

The full text of the decision is posted on the Internet at:

http://www.courts.state.ny.us/reporter/3dseries/2008/2008_09447.htm

Full post as published by New York Public Personnel Law on December 10, 2008 (boomark / email).