New York Public Personnel Law: Discrimination complaint dismissed because law did not require an accommodation at the time the request for an accommodation was made

June 04, 2012

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

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

Rappo v NYS Division of Human Rights, 57 AD3d 217

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

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