Providing a reasonable accommodation of an employee’s disability

Providing a reasonable accommodation of an employee’s disability
2014 NY Slip Op 01550, Appellate Division, First Department

An employee [Plaintiff] sued her employer contending that it had failed to provide her with a reasonable accommodation of her disability when it refused to reassign her to a particular location.

Supreme Court dismissed Plaintiff’s complaint and the Appellate Division affirmed the lower court’s ruling.

The court said that the employer had established that its refusal to agree to Plaintiff’s request to be reassigned to a certain work location did not constitute a refusal to make a reasonable accommodation of her disability.

The Appellate Division noted that there was no position available at the location Plaintiff desired, and, citing Pimentel v Citibank, N.A., 29 AD3d 141, said that in any event, "an employer is not obligated to provide the disabled employee with [an] accommodation that the employee requests or prefers."

The decision is posted on the Internet at:

http://www.nycourts.gov/reporter/3dseries/2014/2014_01550.htm
.