Although an employer is required to provide a disabled individual with a reasonable workplace accommodation, commuting to work is not job-related
Robin DiNatale initiated a proceeding pursuant to Executive Law §298 seeking to annul the determination by the New York State Division of Human Rights that she failed to establish that her employer, the New York State Insurance Fund, discriminated against her by refusing to accommodate her disability when it declined to permit her to work from her home. The Appellate Division affirmed the Division’s determination and dismissed DiNatale’s petition.
Although DiNatale had asked the Fund to allow her to work from her home, she conceded at the hearing held by a Division Administrative Law Judge that “nothing in her work environment caused the symptoms from which she suffered.” According to DiNatale, her symptoms “were aggravated by her drive to and from work” and thus she should be permitted to work from her home as an accommodation for her disability.
While the State’s Human Rights Law* requires employers to make reasonable accommodations to disabled employees, provided that the accommodations do not impose an undue hardship on the employer, the Appellate Division said that a reasonable accommodation is defined, in relevant part, “as an action that permits an employee with a disability to perform his or her job activities in a reasonable manner."
Noting that DiNatale had declined to move closer to her place of employment, had not asked anyone else, including family members or friends, to drive her to and from work and had not attempted to use available public transportation to commute to work, the court said that her employer was not required to accommodate her difficulties in commuting to and from work.**
An employee's commute, explained the court, "is an activity that is unrelated to and outside of [the] job [, and] an employer is required to provide reasonable accommodations that eliminate barriers in the work environment,” citing Salmon, 4 F Supp 2d at 1163. In the Appellate Division's view, an individual's commuting to and from work did not encompass his or her "work environment" insofar as the employer's duty to provide a reasonable accommodation was concerned.
* See Executive Law §296(3)(b)
** The decision notes that DiNatale had tried carpooling with one individual but the carpooling “was not convenient for that person.”
The decision, Matter of DiNatale v New York State Div. of Human Rights, 2010 NY Slip Op 06895, Decided on October 1, 2010, Appellate Division, Fourth Department, is posted on the Internet at:
http://www.courts.state.ny.us/reporter/3dseries/2010/2010_06895.htm
NYPPL
Summaries of, and commentaries on, selected court and administrative decisions and related matters affecting public employers and employees in New York State in particular and possibly in other jurisdictions in general.
ARTIFICIAL INTELLIGENCE [AI] IS NOT USED, IN WHOLE OR IN PART, IN PREPARING NYPPL SUMMARIES OF JUDICIAL AND QUASI-JUDICIAL DECISIONS
CAUTION
Subsequent court and administrative rulings, or changes to laws, rules and regulations may have modified or clarified or vacated or reversed the information and, or, decisions summarized in NYPPL.
For example, New York State Department of Civil Service's Advisory Memorandum 24-08 reflects changes required as the result of certain amendments to §72 of the New York State Civil Service Law to take effect January 1, 2025 [See Chapter 306 of the Laws of 2024]. Advisory Memorandum 24-08 in PDF format is posted on the Internet at https://www.cs.ny.gov/ssd/pdf/AM24-08Combined.pdf.
Accordingly, the information and case summaries should be Shepardized® or otherwise checked to make certain that the most recent information is being considered by the reader.
THE MATERIAL ON THIS WEBSITE IS FOR INFORMATION ONLY. AGAIN, CHANGES IN LAWS, RULES, REGULATIONS AND NEW COURT AND ADMINISTRATIVE DECISIONS MAY AFFECT THE ACCURACY OF THE INFORMATION PROVIDED IN THIS LAWBLOG. THE MATERIAL PRESENTED IS NOT LEGAL ADVICE AND THE USE OF ANY MATERIAL POSTED ON THIS WEBSITE, OR CORRESPONDENCE CONCERNING SUCH MATERIAL, DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.
NYPPL Blogger Harvey Randall served as Principal Attorney, New York State Department of Civil Service; Director of Personnel, SUNY Central Administration; Director of Research, Governor’s Office of Employee Relations; and Staff Judge Advocate General, New York Guard.
Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material posted to this blog is presented with the understanding that neither the publisher nor NYPPL and, or, its staff and contributors are providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is urged to seek such advice from a knowledgeable professional.
New York Public Personnel Law.
Email: publications@nycap.rr.com