Reasonable
Accommodation
Procedural Guidelines
City of New York 2024
City of New York
Reasonable Accommodation
Procedural Guidelines
The City of New York is an inclusive equal opportunity employer committed
to recruiting and retaining a diverse workforce and providing a work
environment that is free from discrimination and harassment based upon
any legally protected characteristic including, but not limited to, an
individual’s sex, race, color, ethnicity, national origin, age, religion, disability,
sexual orientation, veteran status, gender identity, or pregnancy.
Eric Adams
Mayor
Louis A. Molina
Commissioner
Department of Citywide Administrative Services
Silvia Montalban
Chief Citywide Equity and Inclusion Ofcer and Deputy Commissioner
Department of Citywide Administrative Services
Document Revised: July 2024
Table of Contents
I. Overview.................................................................... 5
II. Protected Bases Dened ........................................... 7
A. Disability .............................................................................. 7
1. Employees, Interns, and Consultants ............................... 7
2. Job Applicants ................................................................. 9
3. Participants at Agency-Sponsored Programs ................. 10
B. Religion .............................................................................. 10
C. Status as a Victim of Domestic Violence, Sex Offenses,
or Stalking ......................................................................... 11
1. Victim of Domestic Violence .......................................... 11
2. Victim of Sex Offenses or Stalking ................................. 12
D. Pregnancy, Childbirth, or Related Medical Conditions
(Including Lactation Needs) ............................................... 13
1. Lactation Needs ............................................................. 14
III. The Reasonable Accommodation Process .............. 15
A. The Cooperative Dialogue ................................................ 15
1. Request for a Reasonable Accommodation ................... 16
2. Examine Job Duties and Essential Job Functions ......... 17
3. Meet with the Individual and Request
Documentation, if Necessary .......................................... 18
B. Discuss Potential Accommodations ................................... 21
C. Undue Hardship ................................................................. 21
1. Disability; Pregnancy, Childbirth, or Related Medical
Conditions; and Victim of Domestic Violence,
Sex Offenses, or Stalking ................................................ 22
2. Religion ........................................................................... 23
D. Direct Threat ...................................................................... 23
E. Grant, Deny, or Modify the Accommodation Request ...... 24
F. Time Frames for Processing Requests and Providing
Reasonable Accommodations ........................................... 24
G. Extension Requests ............................................................ 26
H. The Appeal Process ............................................................ 26
I. Conicts of Interest ........................................................... 28
IV. Recordkeeping and Tracking .................................. 29
V. Condentiality ......................................................... 30
VI. The Role of Agency Personnel ............................... 31
A. EEO Ofcer ........................................................................ 31
B. Disability Rights Coordinator (DRC) .................................. 31
C. Agency Personnel Ofcer (APO) ....................................... 32
D. Managers and Supervisors ................................................ 32
E. Agency Head (or their designee) ...................................... 32
VII. Availability of the Reasonable Accommodation
Procedural Guidelines ........................................... 34
VIII. Appendices .......................................................... 35
A. Reasonable Accommodation Request Form ..................... 35
B. Authorization for Release of Health Information
Pursuant to HIPAA ............................................................. 37
C. Reasonable Accommodation Request Record of
Steps and Outcome ........................................................... 38
D. Granting of Reasonable Accommodation Request ........... 40
E. Denial of Reasonable Accommodation Request ............... 41
F. Reasonable Accommodations at a Glance ......................... 43
G. Resources........................................................................... 44
5
I. Overview
These Reasonable Accommodation Procedural Guidelines are intended to provide
a clear and consistent framework for the implementation of the City of New York’s
(the City’s) reasonable accommodation policy and procedures as is indicated in
the City’s Equal Employment Opportunity (EEO) Policy and any amendments
(the Policy), and the What to Know About Equity, Inclusion, and EEO Handbook
(the Handbook). The employee brochure on reasonable accommodations, the
Policy, and the Handbook should be referred to and/or provided to persons who
inquire about reasonable accommodations. At least once per year, each agency
shall disseminate the Reasonable Accommodation Procedural Guidelines to its
workforce and state where it is located and how to contact the EEO Ofce to
request a reasonable accommodation.
Reasonable accommodations enable individuals who have needs under certain
qualifying bases to perform the essential functions of the job and enjoy equal
employment opportunities. Absent an undue hardship in conducting the
agency’s business, City agencies must provide reasonable accommodations to
all applicants, employees, interns (paid or unpaid), and consultants that permit
them to perform the essential functions of their job in connection with disability;
religion; status as a victim of domestic violence, sex offenses, or stalking;
pregnancy, childbirth, or related medical conditions, including lactation needs
(collectively, protected bases). City agencies must also accommodate individuals
who indicate their need for a reasonable accommodation in order to participate in
agency-sponsored programs and events.
NOTE: Reasonable accommodations are for the requestor’s condition
only. Consult Human Resources for options to address needs about
caring for another.
6
Accommodations are considered reasonable if they do not create an undue
hardship or a direct threat. An accommodation can be a change to a workplace
environment (such as modifying facilities or providing equipment), rule, or practice
(such as rules concerning when work is performed, when breaks are taken, or how
job tasks are to be done), or to an individual’s job or operation in order to enable
qualied individuals to perform the essential functions of their job, and to enjoy
the benets and privileges of employment.
There is no one-size-ts-all approach for deciding when to grant a reasonable
accommodation; rather, the reasonable accommodation process must be
exible, interactive, and individualized, with meaningful, cooperative, and timely
communication between the individual requesting the accommodation and the
agency. Agency EEO ofcers should consult with Citywide Equity and Inclusion
(CEI) at the Department of Citywide Administrative Services (DCAS) regarding any
questions about the reasonable accommodation process.
7
II. Protected Bases Dened
The bases for which an individual can request a reasonable accommodation are
disability; religion; status as a victim of domestic violence, sex offenses, or stalking;
pregnancy, childbirth, or related medical conditions, including lactation needs.
A. Disability
A disability is any “physical, medical, mental or psychological impairment, or a
history or record of such impairment.”
1
Both temporary or short-term injuries, as
well as chronic conditions, may qualify as disabilities, even if the impairments,
when treated, permit the individual to perform physical activities without
limitation, and/or the conditions do not substantially limit the individual’s major life
activities.
1. Employees, Interns, and Consultants
A reasonable accommodation for employees, paid and unpaid interns, and
consultants may include a change to a job, the work environment, or the way
the job is performed, which allows an individual with a disability to perform
the essential functions of the job, and to enjoy equal benets and privileges of
employment as are enjoyed by similarly situated employees without disabilities.
Some examples of reasonable accommodations for employees, interns, and
consultants with disabilities include, but are not limited to, the following:
• Job restructuring
• Modifying work schedules
• Providing or modifying equipment or devices
• Making existing facilities readily accessible to and usable by individuals with
disabilities
• Extending leave for additional recuperation time and/or temporary transfer
• Adjustments or modications of examinations, training materials, or policies
• Providing a sign language interpreter for the hearing impaired or reader for
the visually impaired
1
See the denition of “Disability” in New York City Administrative Code § 8-102.
8
• Reassignment, which is an accommodation of last resort
Reassignment is a type of reasonable accommodation for individuals with
disabilities. An individual can be reassigned to:
• A vacant position, or a position that will become available within a
reasonable time of the request (generally, up to three months).
• An equivalent or lower-level job title for which the individual is qualied, and
should be considered if:
○ there are no other effective accommodations that will enable the
employee to perform the essential functions of their current job.
○ all other possible accommodations will impose undue hardship; and
there is an open position for which the employee may be qualied.
General considerations on reassignment as a reasonable accommodation
based on disability:
• If reassignment is explored, consider open positions for which the employee
meets the posted job qualications and requirements for which the
employee can perform the essential job duties. If the employee cannot
perform those duties without a reasonable accommodation, then the agency
should consider whether the employee can perform them with a reasonable
accommodation.
• An agency is not required to create a vacancy, new positions, or move other
employees from their current jobs.
• An agency is not required to consider giving an employee a promotion as a
reasonable accommodation.
• An agency should rst consider reassignment to a vacant position equivalent
in terms of pay and status to the employee’s current position.
• If there is no vacant equivalent position, then the employee may be offered a
reassignment to a vacant lower-level position for which they are qualied.
• Reassignment should be consistent with the New York State Civil Service
Law and procedures and the terms of the relevant collective bargaining
agreement, if any.
9
• If a vacancy exists in a position for which the employee seeking a
reassignment is qualied, but there is a more qualied candidate who is not
seeking the position as an accommodation for a disability, then the agency
should consult with the Labor Relations and/or General Counsel’s Ofce
to assess whether there is any consideration under applicable collective
bargaining agreements for the title.
• The agency’s EEO ofcer, in collaboration with the agency’s personnel ofcer,
should help to identify opportunities that match the parameters agreed upon
with the employee. The employee should also be encouraged to assist in the
search to help determine whether:
○ there are limits on the search the employee would like the agency to
conduct.
○ the employee is qualied for a particular job.
○ the employee would need a reasonable accommodation to perform the
essential functions of a new position.
• As the end of the search period draws near, the EEO ofcer and agency
personnel ofcer should schedule a meeting with the employee to review
where things stand (including the process to date and a realistic assessment
of the employee’s chances for nding a reassignment in view of current and
projected job opportunities).
• If the employee does not wish to pursue other opportunities within the
agency or no appropriate opportunities exist, the EEO Ofce should consult
with the General Counsel’s Ofce to conrm that all options have been
exhausted before denying the accommodation.
2. Job Applicants
A reasonable accommodation may include a change to the way agency
operations are carried out that allows an eligible individual to participate in the
application and examination process, and subsequent interview process.
Some examples of reasonable accommodations for job applicants with
disabilities include, but are not limited to, the following:
• An alternative test date, format, or test site
• Extended time to take a test
10
• Preparing information in enlarged print, including test booklets and answer
sheets
• Audio version of the test and scribe assistance in the selection of answers
• Telecommunication devices for the hard of hearing
• An accessible interview location
To request an accommodation, applicants should follow the instructions on the
relevant Notice of Examination and the Special Circumstances Guide.
3. Participants at Agency-Sponsored Programs
Participants at agency-sponsored programs or events may indicate their need
for a reasonable accommodation, which may include accessibility to agency
buildings and facilities; policy changes necessary to ensure they can take part
in, and benet from, agency-sponsored programs and services; or providing
auxiliary aids and services, such as interpreters, real-time captioning, screen
reader software, etc., to ensure effective communication.
Depending on the agency, the Disability Rights Coordinator and/or a member
of the EEO Ofce is designated to review these reasonable accommodation
requests. As a best practice, all materials advertising an agency-sponsored
program or event should include the contact information individuals should
use if they need a reasonable accommodation. The event materials should also
provide a timeframe by which participants can submit a request for a reasonable
accommodation in order to allow time for the agency to evaluate and make
appropriate arrangements.
B. Religion
Religion is broadly dened as an individual’s sincerely held belief or practice of
their creed or religion, including all aspects of religious observance, practice, and
belief.
2
2
Religious beliefs include theistic beliefs (i.e., those that include a belief in God) as well as non-
theistic moral or ethical beliefs as to what is right and wrong which are sincerely held with the
strength of traditional religious views. See U.S. Equal Employment Opportunity Commission,
EEOC-CVG-2021-3, Section 12: Religious Discrimination (Jan. 2021).
11
A belief system that does not include a traditional concept of God may be a
religion. Creeds do not need to be part of a religion. However, an individual’s
assertion that the strength of the belief they hold has reached the level of
traditional religious views does not automatically mean that the belief is religious.
Strongly held beliefs that are based on scientic evidence or that are philosophical
and personal may not be religious beliefs for purposes of assessing a reasonable
accommodation request even though they inform critical life choices.
Some examples of reasonable accommodations for individuals based on religion
include, but are not limited to, the following, which are considered as options to
facilitate the individual’s ability to exercise religious observance on a particular
date or time of day:
• Flexible arrival and departure times
• Allowing leave usage or voluntary changes of shifts or assignments
• Time and/or place to pray
• Accommodation relating to appearance and dress
• Modied workplace practices, policies and/or procedures
C. Status as a Victim of Domestic Violence, Sex Offenses, or Stalking
3
1. Victim of Domestic Violence
A victim of domestic violence is a person who has been subjected to acts or
threats of violence, not including acts of self-defense.
4
Acts or threats of violence
include, but are not limited to, acts that would constitute violations of the New
York State Penal Law.
3
EEO ofcers determine whether it is appropriate to refer an employee who may be a victim of
domestic violence, sex offenses, or stalking to additional resources. Executive Order 85 (Oct.
27, 2021) requires each City agency to appoint a Domestic and Gender-Based Violence Liaison
to provide City employees who either have experienced or are experiencing domestic and
gender-based violence with consultation and support services. Such referral is not intended to
supplant the EEO Ofce’s review of the individual’s need or request for a workplace reasonable
accommodation.
4
See the denition of “Victim of domestic violence” in New York City Administrative Code § 8-102.
12
Domestic violence is an umbrella term that encompasses the following:
• Intimate Partner Violence, which can occur between people with any
current or former romantic involvement, people who have a child in
common, people who are dating, previously dated, or who are dating on
again/off again, or people who are married, divorced, living together or
apart. Intimate partner violence can occur between people of any gender
identity or sexual orientation.
• Family Violence, which can occur between members of a family or a
household who are not involved in a romantic relationship and includes elder
abuse. Family violence can occur between chosen family as well as people
related by blood, marriage, foster care, adoption, or any other familial
relationships.
2. Victim of Sex Offenses or Stalking
A victim of sex offenses or stalking is a person who has been subjected to acts
that would constitute violations of New York State Penal Law.
5
Absent an undue hardship, an agency must provide reasonable accommodations
to victims of domestic violence, sexual offenses, or stalking for various reasons,
including, but not limited to:
• Seeking medical attention for injuries caused by violence.
• Obtaining services from a shelter, program, or rape crisis center.
• Obtaining psychological counseling related to an incident of domestic
violence, stalking, or other offense.
• Participating in safety planning or to take other actions to increase safety
from future incidents of domestic violence, stalking, or other such offense.
• Obtaining legal services, assist in the prosecution of the offense, le a
complaint, secure a restraining order, or appear in court in relation to the
incident of domestic violence, stalking, or other offense.
5
See the denition of “Victim of sex offenses or stalking” in New York City Administrative
Code § 8-102.
13
Some examples of reasonable accommodations for individuals who are victims
of domestic violence, sex offenses, or stalking include, but are not limited to, the
following:
• Leave (e.g., approving leave usage so that the employee may attend a court
appointment)
• Modied or exible arrival and departure times or a shift change
• Protecting condentiality of personal information, including addresses and
telephone numbers
• Transfer to another location, unit, division, and/or workstation
• Assisting in the enforcement of protective orders, such as sharing a
photograph of the person causing harm with reception or security
D. Pregnancy, Childbirth, or Related Medical Conditions (Including
Lactation Needs)
Absent an undue hardship, an agency must reasonably accommodate the needs
of an individual related to pregnancy, childbirth (whether or not it results in a live
birth), or related medical conditions
6
(including the state of seeking to become
pregnant, any medical condition that is related to or caused by pregnancy or
childbirth, including, but not limited to, infertility, gestational diabetes, pregnancy-
induced hypertension, preeclampsia, post-partum depression, miscarriage,
lactation, and recovery from childbirth, miscarriage, and termination of pregnancy)
without necessitating that the employee’s limitation qualies as a disability.
7
Some examples of reasonable accommodations for pregnancy, childbirth, or
related medical conditions, include, but are not limited to, the following:
6
New York City Administrative Code § 8-107(22)(a).
7
The pregnancy, childbirth or related medical condition does not need to meet the denition
of a disability, though it may be a disability, for the employee to be entitled to a reasonable
accommodation. See New York City Commission on Human Rights, Legal Enforcement
Guidance on Discrimination on the Basis of Pregnancy, Childbirth, Related Medical Conditions,
Lactation Accommodations, and Sexual or Reproductive Health Decisions, at pp. 6-7 (July 2021).
14
• Bathroom breaks
• Changes to work environment
• Time off for prenatal appointments
• Light duty/temporary transfer
• Extending or advancing leave if employee has no balances
• Periodic rest for those who stand for long periods of time
• Assistance with manual labor
1. Lactation Needs
An agency is required to provide an employee who has lactation needs with 30
minutes of paid break time each time they have a reasonable need to express
breast milk for up to three years after the birth of a child.
8
When employees need
additional time to express breast milk that exceeds a 30-minute paid break, they
are permitted to use existing mealtime or paid break time. Employees may also
elect to use unpaid break time instead of, or in combination with, paid break
time and meal periods. Agencies are required to allow employees to charge their
annual leave and compensatory time balances for the portion of the lactation
break that would otherwise be unpaid. Agencies are also required to permit
employees to work before or after their normal shift to make up for unpaid break
time used to express breast milk.
Generally, an agency cannot limit the amount of time or frequency for this process
(unless the agency can establish the time spent presents an undue hardship).
An agency is also required to provide a sanitary place, other than a restroom,
that can be used to express breast milk, shielded from view and free from
intrusion, and that includes, at minimum, an electrical outlet, a chair, a surface
on which to place a breast pump and other personal items, nearby access to
running water, and a refrigerator to store breast milk in the workplace.
9
An agency must permit employees to express milk at their usual workstation if it
does not create an undue hardship, regardless of whether a coworker, client, or
customer expresses discomfort.
8
See Personnel Services Bulletin No. 440-13 (June 28, 2024); New York State Labor Law § 206-c(1).
9
New York City Administrative Code § 8-107(22)(b)-(c); New York State Labor Law § 206-c(2).
See also New York City Commission on Human Rights, Model Lactation Accommodation Policies
(Mar. 2019).
15
III. The Reasonable Accommodation
Process
An individual need not mention the words “reasonable accommodation” or
“accommodation.” If an employee raises an issue that implicates the potential
need for an accommodation, or if a supervisor or manager perceives that an
accommodation may be helpful to permit the employee to perform the essential
functions of the position, then they must immediately refer the employee to the
EEO Ofce to initiate the cooperative dialogue.
10
NOTE: Upon becoming aware of a need or a request, managers
and supervisors must refer the information to the EEO Ofce
immediately, barring extenuating circumstances. Managers
and supervisors must also inform the employee to submit their
accommodation request to the agency’s EEO Ofce so that their
need is reviewed appropriately.
A. The Cooperative Dialogue
The cooperative dialogue refers to the process by which the agency and an
individual who may be entitled to an accommodation engage, in good faith, a
written or oral dialogue concerning the person’s accommodation needs, potential
accommodations, the difculties that the potential accommodations may pose
for the agency, and alternative accommodations.
11
The objective of a cooperative
dialogue is to determine the appropriate reasonable accommodation.
While the person requesting the accommodation may express a preferred
accommodation, the EEO ofcer determines what is the most reasonable
accommodation based on fact-specic factors that include: the requestor’s need,
the documentation provided, the essential functions of the position, and an
undue hardship assessment that considers the operational impact of the potential
accommodation.
10
While Human Resources, and not an agency’s EEO Ofce, processes leave requests under the
Family and Medical Leave Act (FMLA), it is important to recognize when leave under the FMLA can
overlap with a reasonable accommodation for the employee’s disability. See generally U.S. Equal
Employment Opportunity Commission EEOC-CVG-2003-1, Enforcement Guidance on Reasonable
Accommodation and Undue Hardship under the ADA (Oct. 2002).
11
See the denition of “Cooperative dialogue” in New York City Administrative Code § 8-102.
16
The EEO Ofce is responsible for reviewing reasonable accommodation requests
and should determine if the request is based on disability; religion; status as a
victim of domestic violence, sex offenses, or stalking; or pregnancy, childbirth,
or related medical conditions, including lactation needs.
12
If the request is based
on one or more of these, then the EEO Ofce must engage in the cooperative
dialogue.
The cooperative dialogue is critical. Failure to engage in the cooperative dialogue
within a reasonable time with a person who has requested an accommodation, or
with a person who the agency has reason to know may need an accommodation,
is a violation of law.
Appendix C may be used to record the steps taken during the cooperative
dialogue process and the outcome.
1. Request for a Reasonable Accommodation
The agency must engage in the cooperative dialogue with the employee within
a reasonable time, not to exceed 10 days after:
• An individual requests an accommodation; or
• The agency has notice that an individual may need an accommodation.
NOTE: The agency has notice whenever the agency learns, either
directly or indirectly, that an individual needs an accommodation.
If a disability and/or need for an accommodation are obvious or known, the
employee may be provided with an accommodation without a formal analysis of
their job limitations or the job’s essential duties. This is the case, for example, for
an employee in a wheelchair who needs a desk to be elevated in order to permit
wheelchair access. If the need for an accommodation is not obvious or known,
the agency must determine the job duties and essential functions of the position.
12
Most City agencies follow the best practice that the EEO ofcer is the designee to review
reasonable accommodation requests. See City of New York’s Equal Employment Opportunity
Policy.
17
If the agency has reason to believe that an employee is a victim of domestic
violence, sex offenses, or stalking (for example, an agency ofcial knows that the
person is living in a shelter for victims or survivors of domestic violence), and that
person is in need of a reasonable accommodation (such as a modied schedule
or leave to attend a court proceeding, for example), the agency should initiate
the cooperative dialogue process with that individual.
2. Examine Job Duties and Essential Job Functions
The employee must meet the qualications for the job and must be able to
perform the essential duties of the position. When an employee requests a
reasonable accommodation, the agency must consider whether the individual
could perform the essential functions with a reasonable accommodation.
In determining what is “essential,” no one factor is dispositive; a fact-specic
inquiry must be conducted into both the agency’s description of a job and how
the job is actually performed in practice. A job description or job posting, while
informative, is not considered an absolute list of essential job functions; rather,
the specic day-to-day essential functions that the employee performs will be
considered.
A job function (function) may be considered essential for various reasons, such as
whether:
• The position exists for performance of that particular function.
• There is a limited number of employees among whom the performance of
the function can be distributed.
• The function is highly specialized so that the employee in the position is
hired for their specic expertise or ability to perform it.
• Removal or reassignment of the function would fundamentally alter the
position.
• There are consequences associated with failing to perform the function.
• The function is critical to one’s job performance.
The inquiry into whether a function is essential is not intended to second guess
the agency’s business judgment with regard to production standards, or to
require the agency to lower performance standards.
18
3. Meet with the Individual and Request Documentation, if Necessary
a. Documentation for Accommodations Based on Disability
Meet with the employee in person, by telephone, or via electronic means
to determine the physical or mental abilities or limitations and the specic
barriers these limitations pose to the performance of the job’s essential
functions.
If the employee chooses not to disclose that they have a condition
or problem in that conversation, the agency has met its obligation to
initiate a cooperative dialogue. However, the employee has not waived
the opportunity to reveal their condition or problem and initiate the
cooperative dialogue at a later time. The EEO Ofce must make a recor
d of
the exchange.
NOTE: Agencies cannot ask for documentation when: (1) both
the disability and the need for a reasonable accommodation
are obvious; or (2) the employee has already provided sufcient
information that the employee has a disability and needs a
reasonable accommodation.
If necessary for analyzing the need for the request, the EEO Ofce may
ask the employee to provide reasonable medical documentation, which
means documentation sufcient to describe the nature, severity, and
duration of the impairment, limitations on performing the essential job
functions, specic accommodations sought, if any, and the need for the
accommodation sought. The employee may be provided with copies of
essential functions for review by their medical provider. Unless the exact
diagnosis is necessary to determine what accommodation the employee
needs, the EEO Ofce cannot require that the specic disability or
diagnosis be disclosed.
13
The EEO Ofce must only request information or
medical documentation related to the condition and the employee’s needs.
13
See New York City Commission on Human Rights Legal Enforcement Guidance on Employment
Discrimination on the Basis of Disability, at p. 60 (June 2018).
19
The EEO Ofce should determine if the medical documentation provides
sufcient information regarding the nature, severity, duration, limitations,
and need for an accommodation. An agency cannot require a specic type
or form of documentation and the term “medical documentation” should
be considered broadly.
If the medical documentation provided is deemed insufcient, the
employee should be given an opportunity to have their medical provider
submit additional documentation. The employee may also be asked to
sign a limited medical release or, if necessary, an Authorization for Release
of Health Information Pursuant to HIPAA, (see Appendix B) so that the
agency may solicit a response from the medical provider to a list of specic
questions.
In limited circumstances, an employee can be asked to submit to an
examination by a health professional selected by the agency, at the
agency’s expense, if the agency is unable to get sufcient information
directly from the requestor or their medical provider. However, this should
be reserved for extremely rare cases when the EEO Ofce has serious
questions about what accommodation the employee needs and the
medical provider is unable to answer those questions.
b. Documentation for Accommodations Based on Religion
Religion is dened broadly and protects sincerely held beliefs, practices
or observances, even those that may seem unfamiliar or uncommon.
Accordingly, the agency should generally not question whether a request
for religious accommodation is based on a sincerely held belief. If there is
an objective basis for questioning either the religious nature of a particular
belief, (as described above, in Section II.B. Protected Bases Dened),
or whether it is sincerely held, the agency may make a limited inquiry,
including asking for supporting documentation.
14
The documentation
14
“The individual’s sincerity in espousing a religious observance or practice is ‘largely a matter
of individual credibility’… Factors that – either alone or in combination – might undermine
an employee’s credibility include: whether the employee has behaved in a manner markedly
inconsistent with the professed belief; whether the accommodation sought is a particularly
desirable benet that is likely to be sought for secular reasons; whether the timing of the request
renders it suspect (e.g., it follows an earlier request by the employee for the same benet for
secular reasons); and whether the employer otherwise has reason to believe the accommodation
is not sought for religious reasons.” See U.S. Equal Employment Opportunity Commission, EEOC-
CVG-2021-3, Section 12: Religious Discrimination (Jan. 2021).
20
submitted may include the requestor’s rsthand explanation, or
explanations from others, such as fellow adherents, or religious leaders
(e.g., a minister, rabbi, priest, imam, or pastor) who are aware of the
religious practices or beliefs.
c. Documentation for Victim of Domestic Violence, Sex Offenses, or
Stalking
The agency may ask the individual to provide appropriate documentation
supporting their status as a victim of domestic violence, sex offenses, or
stalking, such as documentation from an employee, agent, or volunteer of
a victim services organization, attorney, member of the clergy, medical or
other professional services provider, police or court records, or any other
corroborating evidence.
d. Documentation for Accommodations Based on Pregnancy, Childbirth,
or Related Medical Conditions
In cases of pregnancy, childbirth, or related medical conditions where
the need for an accommodation is not obvious, the agency may request
reasonable medical documentation supporting the employee’s request.
However, the agency may not require an individual to provide medical
conrmation of pregnancy, childbirth, or related medical condition, except
when:
• The individual is requesting time away from work (including for medical
appointments) other than the presumptive 6-8 week period
15
for
recovery from childbirth, and the agency requires such verication under
other circumstances.
• The individual is requesting to work from home, either on an
intermittent basis or a longer-term basis, and the agency requires such
verication under other circumstances.
15
See New York City Commission on Human Rights, Legal Enforcement Guidance on Discrimination
on the Basis of Pregnancy, Childbirth, Related Medical Conditions, Lactation Accommodations,
and Sexual or Reproductive Health Decisions, at p. 10, FN 60 (July 2021); see also New York State
Insurance Fund, About Your Disability Benets Claim (“Generally, a claimant is covered six weeks
after a normal delivery and eight weeks after a Caesarian section.”).
21
B. Discuss Potential Accommodations
Using a exible approach, work with the individual requesting the accommodation
to determine possible reasonable accommodations, and whether the individual
would be able to perform the essential functions of the position with a reasonable
accommodation. See Appendix G for additional guidance identifying possible
reasonable accommodations, particularly the Job Accommodation Network (JAN).
Where more than one possible reasonable accommodation exists, the agency
should give primary consideration to the employee’s preference. However, the
agency has the discretion to choose among various appropriate reasonable
accommodations that will enable the performance of the employee’s essential
job functions or ensure access to equal employment opportunities. The individual
“cannot simply reject an offered accommodation that would be sufcient to meet
their needs because it is not their preferred accommodation.”
16
• The agency may consider factors such as the relative ease in providing
a particular accommodation as compared to others, or the expenses
associated with each accommodation.
• If there are two or more possible reasonable accommodations and one is
less costly or burdensome, the agency may choose the less expensive or less
burdensome accommodation.
C. Undue Hardship
An agency need not grant a request for an accommodation that would result
in undue hardship to the agency. A determination of undue hardship must be
based on an individualized assessment of the circumstances at the time of the
accommodation request and the review of the request.
If a particular accommodation imposes an undue hardship, an agency must
consider whether an alternative accommodation is available that does not impose
undue hardship.
16
See New York City Commission on Human Rights Legal Enforcement Guidance on
Employment Discrimination on the Basis of Disability, at p. 56 (June 2018).
22
There is no accommodation that is categorically excluded from the universe of
reasonable accommodations under the New York City Human Rights Law.
1. Disability; Pregnancy, Childbirth, or Related Medical Conditions; and
Victim of Domestic Violence, Sex Offenses, or Stalking
An undue hardship for (a) disability; (b) pregnancy, childbirth, or related medical
conditions; and (c) victim of domestic violence, sex offenses, or stalking includes
any accommodation that would be unduly costly, extensive, substantial, or
disruptive, or that would fundamentally alter the nature or operation of an
agency’s business.
The agency’s determination of undue hardship should be based on several
factors, including, but not limited to, the following:
17
• The nature and cost of the accommodation
• The overall nancial resources of the facility or facilities involved in the
provision of the reasonable accommodation; the number of persons
employed at such facility; the effect on expenses and resources, or the
impact otherwise of such an accommodation on the operation of the facility
• The overall nancial resources of the agency, the overall size of the agency
with respect to the number of employees, as well as the number, type, and
location of its facilities
• The type of operation or operations of the agency, including the
composition, structure and functions of the workforce, the geographic
separateness, administrative, or scal relationship of the facility or facilities in
question to the agency
17
See the denition of “Reasonable accommodation” in New York City Administrative Code
§ 8-102.
23
2. Religion
The agency’s analysis of undue hardship in the context of requests for religious
accommodations is slightly different than what is described above and should be
based on several factors, including, but not limited to, the following:
18
• The identiable cost of the accommodation, including the costs of loss of
productivity and of retaining or hiring employees or transferring employees
from one facility to another, in relation to the size and operating cost of the
agency
• The number of individuals who will need the particular accommodation to a
sincerely held religious observance or practice
• For an agency with multiple facilities, the degree to which the geographic
separateness or administrative or scal relationship of the facilities will make
the accommodation more difcult or expensive
D. Direct Threat
If there is a reasonable belief that an employee with a disability may pose a direct
threat to themselves or others, the employee may be asked to submit to an
examination by a health professional selected by the agency.
• A “direct threat” is a signicant risk of substantial harm to the health or
safety of the individual or others that cannot be eliminated or reduced by a
reasonable accommodation.
19
• The determination that an individual poses a direct threat must be based
on an individualized assessment of the individual’s present ability to safely
perform the essential functions of the job and should include consideration
of whether there is a reasonable accommodation that could enable the
individual to do so.
18
New York City Administrative Code § 8-107(3)(b) (with regard to religious accommodations,
the New York City Human Rights Law denes an undue hardship as “accommodation requiring
signicant expense or difculty (including a signicant interference with the safe or efcient
operation of the workplace or a violation of a bona de seniority system.)”).
19
29 C.F.R. § 1630.2(r).
24
• The assessment that an employee poses a direct threat to themselves
or others, that cannot be eliminated or reduced with a reasonable
accommodation, must be based on reasonable medical judgment that
relies on the most current medical knowledge and/or on the best available
objective evidence.
• An agency seeking to remove an employee from a permanent competitive
position whose disability poses a direct threat must comply with the process
set forth in Section 72 of the New York State Civil Service Law.
E. Grant, Deny, or Modify the Accommodation Request
A grant, denial, or modication of a reasonable accommodation request must
be in writing, either explaining the accommodation that will be provided, or for
denials, the reason the request was denied. Appendices D and E may be used to
document internally the decision granting or denying an individual’s reasonable
accommodation request. A letter briey explaining the outcome must be sent to
the applicant or employee. The written decision must also provide information on
the right to appeal the decision.
Supervisors and managers may be informed regarding necessary restrictions on
the work or duties of the employee and necessary accommodations.
When an individual’s request for an accommodation has been denied, or the
individual has been offered an accommodation other than the one requested, the
individual may appeal to the agency head or their designee. (See below, Section
III.H. The Appeal Process.)
An individual may choose to le a complaint with the EEO Ofce or with an
external enforcement agency, or in any court of competent jurisdiction regarding
the agency’s failure to reasonably accommodate.
F. Time Frames for Processing Requests and Providing Reasonable
Accommodations
• Upon becoming aware of a need or a request, managers and supervisors
must refer the information to the EEO Ofce immediately, barring
extenuating circumstances. Managers and supervisors must also inform the
25
employee to submit their accommodation request to the agency EEO Ofce
so that their need is reviewed appropriately.
• Within 10 days from notice of an accommodation need or request, the
EEO Ofce must initiate the cooperative dialogue.
• Within 15 days from the conclusion of the cooperative dialogue, the
EEO Ofce must issue a written decision notifying the individual whether
the accommodation requested is granted or denied, or if an alternative
accommodation is being offered. The written decision must also provide
information on the right to appeal the decision.
• Expedited processing is necessary in certain time-sensitive
circumstances, e.g., when the accommodation is needed for imminent
medical treatment or to avoid imminent emotional and/or bodily harm, a
request for a reasonable accommodation requires an expedited review and
decision in less than 15 days.
• At least 10 business days before an accommodation is set to expire, the
EEO Ofce must remind the employee in writing of the end date of the
accommodation and indicate the following:
○ The notice is a reminder of the expiration of the accommodation.
○ The process to request an extension or modication of their
accommodation and the due date for documentation to support the
request. To allow time for re-evaluation, the EEO Ofce should notify
the employee that if needed, a request for an extension or modication
should be submitted to the EEO Ofce at least ve business days
before the expiration of the original accommodation, in which case the
EEO Ofce will initiate the cooperative dialogue.
○ That if the employee does not communicate to the EEO Ofce the
need for an extension or submit supporting documentation to extend
the accommodation beyond the re-evaluation date, the accommodation
ends and, in the case where the accommodation was temporary
telework, the employee is expected to return to the ofce.
See Appendix F (Reasonable Accommodations at a Glance).
26
G. Extension Requests
There are certain situations in which an employee may need an extension
of their reasonable accommodation. Reasonable accommodations do not
renew automatically; any need for extension of an accommodation must be
communicated to the EEO Ofce.
A request for an extension or modication should be submitted to the EEO Ofce
at least ve business days before the expiration of the original accommodation. If
the employee does not communicate to the EEO Ofce the need for an extension
or submit supporting documentation to extend the accommodation beyond the
re-evaluation date, the accommodation ends.
H. The Appeal Process
Within 10 days from when the EEO Ofce issues the decision, the employee
may appeal to the agency head (or their designee) a decision denying the
individual’s request for a reasonable accommodation or denying the specic
accommodation requested. In the event that the employee is on an approved
leave when the EEO Ofce issues its decision, the employee will have an
additional ve days from when they return from the approved leave to appeal the
decision. Where the EEO Ofce has not issued a decision after 15 days from the
end of the cooperative dialogue and has not notied the individual of a need to
extend the time for decision, the individual may le an appeal.
NOTE: The Agency’s EEO ofcer or general counsel cannot be
designated to review an appeal. However, they may provide
guidance on the process, if needed.
Within 15 business days of receiving an appeal, the agency head (or their
designee) must review and decide the appeal and issue a notice of the decision to
the employee.
27
As part of the appeal process, the agency head (or their designee) should:
• Review the appeal, as well as the record of the cooperative dialogue,
including, but not limited to, the original request and concluding
correspondence. The appeal review is limited to the information and
documents contained in the EEO Ofce’s case le that were relied on to
make the determination.
○ If an employee submits new documentation to the agency head (or their
designee) after ling the appeal or submits new documentation before
the appeal review is complete, those documents must be forwarded to
the EEO Ofce, for review. The agency head (or their designee) does
not conduct a cooperative dialogue; rather, the EEO Ofce must make
a separate determination based on the new documentation.
○ The agency head (or their designee) must still issue a written
determination on the employee’s accommodation request even though
they have forwarded the new documentation to the EEO Ofce for
review.
• Consult with the EEO Ofce, and any relevant agency representative.
• Evaluate the determination, giving deference to the EEO Ofce’s evaluation
of the facts and its decision.
• Consult with DCAS Citywide Equity and Inclusion and/or the NYC Law
Department, as needed.
If the decision on appeal is to grant a reasonable accommodation, the agency
head (or their designee) must direct the appropriate agency representative to
promptly implement the reasonable accommodation. The EEO ofcer must
monitor the implementation of the reasonable accommodation.
If a decision on appeal cannot be rendered within 15 business days, the agency
must communicate that to the employee in writing and provide the reason for the
delay and when the decision on the appeal will be rendered.
28
I. Conicts of Interest
There are certain situations where it is an inherent conict of interest for an
agency’s EEO Ofce to review a reasonable accommodation request:
• In the event that the agency EEO ofcer or EEO Ofce staff member has
their own request for a reasonable accommodation, their request should
be referred to the agency’s Personnel Ofce or Human Resources Benets
personnel for review and determination.
• If an agency head has a reasonable accommodation request, the EEO
ofcer should contact CEI for assistance with referring the request to another
agency’s EEO ofcer for review and determination.
29
IV. Recordkeeping and Tracking
It is important to maintain a complete written record of the reasonable
accommodation process, including the request(s), all steps to review the
request(s), the decision on the request(s) and, appeal(s) if applicable, and the
dates on which each of these was made.
A complete record is also important for tracking and related purposes. Some
additional factors to consider throughout the record keeping and tracking process
are:
• Number of reasonable accommodations, by type, for disability; religion;
status as a victim of domestic violence, sex offenses, or stalking; pregnancy,
childbirth, or related medical conditions, including lactation needs that have
been requested and whether those requests have been granted or denied.
• Job titles for which reasonable accommodations have been requested.
• Types of reasonable accommodations that have been requested for each of
those job titles.
• Number of reasonable accommodations, by type, for each job that have
been approved and the number of accommodations, by type, that have
been denied.
• Number of requests for reasonable accommodations, by type, that relate
to the benets or privileges of employment, and whether those requests
have been granted or denied, including leaves recorded under CityTime as
religious observances.
• Amount of time taken to process each request for reasonable
accommodation.
• Sources of technical assistance that have been consulted in trying to identify
possible reasonable accommodations.
30
V. Condentiality
All information, including a statement of the person requesting a reasonable
accommodation or any other related documentation, record, and the fact that
the individual has requested or obtained a reasonable accommodation, must
be maintained as condential records by the agency to the extent required by
applicable federal, state, or local law.
• Medical information must be collected and maintained on separate forms in
separate medical les and must be treated as a condential medical record
except that, among other exceptions, supervisors and managers may be
provided with information necessary to implement restrictions on the work or
duties of the employee or to provide a reasonable accommodation.
• Information relating to a reasonable accommodation request may be shared
with agency counsel or personnel ofcers for the purposes of reviewing a
request and implementing an accommodation.
31
VI. The Role of Agency Personnel
The following describes the roles of various agency personnel in the reasonable
accommodation process.
A. EEO Ofcer
The agency EEO ofcer is responsible for:
• Providing information to individuals regarding the reasonable
accommodation process.
• Receiving, reviewing, and providing consultations to individuals concerning
reasonable accommodation requests.
• Recording and tracking all reasonable accommodation requests and the
outcome of each request.
• Maintaining, with appropriate condentiality, all accommodation requests,
supporting documentation, and outcomes.
B. Disability Rights Coordinator (DRC)
If an agency has a disability rights coordinator (DRC) in addition to an EEO ofcer,
the DRC is responsible for:
• Forwarding to the EEO ofcer each request for a reasonable accommodation
upon receipt, including any supporting documentation.
• Submitting the accommodation request to the EEO ofcer on behalf of a
requesting individual, as needed.
• Ensuring effective communication between applicants or employees and
the EEO Ofce at every stage of the request and throughout the reasonable
accommodation process.
If the agency has no DRC, the EEO ofcer should perform, or designate
appropriate agency personnel to perform, these duties.
32
C. Agency Personnel Ofcer (APO)
The APO is responsible for:
• Ensuring that job vacancy announcements and letters of appointment
contain information regarding the City’s reasonable accommodation policy,
including the contact information of the appropriate agency personnel to
facilitate the accommodation process.
• Forwarding accommodation requests to the EEO ofcer when received
directly from an applicant or employee.
• Identifying vacant positions for reassignment as a possible reasonable
accommodation.
• Serving as a resource to the agency EEO ofcer.
D. Managers and Supervisors
Managers and supervisors are responsible for:
• Notifying the EEO ofcer of a request for a reasonable accommodation upon
receiving the request.
• Engaging in the cooperative dialogue with the EEO Ofce.
• Cooperating with the EEO Ofce in the implementation of the EEO Policy
and standards.
• Cooperating with the EEO Ofce in the timely implementation of approved
accommodations.
E. Agency Head (or their designee)
The agency head (or their designee) is responsible for:
• Reviewing and deciding a written appeal, if any, from any individual
expressing dissatisfaction with the resolution of the individual’s reasonable
accommodation request within 15 business days of receipt of that appeal.
33
• If an agency head designates another individual within the agency to review
and decide an appeal, the agency head is responsible for their designee’s
decision.
NOTE: The agency’s EEO ofcer or general counsel cannot be
designated to review an appeal. However, they may provide
guidance on the process, if needed.
34
VII. Availability of the Reasonable
Accommodation Procedural Guidelines
Each agency shall make these Reasonable Accommodation Procedural Guidelines
and any related updates readily available through the following means:
• EEO Policy Handbook: What to Know About Equity, Inclusion, and EEO
• Employee orientation sessions
• Employee training sessions, specically, EEO trainings
• Periodic employee meetings
• Written materials
• Agency bulletin boards
• Electronic materials
• Agency internet and intranet sites
• New York City websites
• E-mail
• Links to the City’s EEO Policy
This information shall be made readily available to:
• Job applicants
• New employees
• Current employees
• The public
35
VIII. Appendices
A. Reasonable Accommodation Request Form
REASONABLE ACCOMMODATION REQUEST FORM
This form and all information must be kept confidential.
NAME AND CONTACT INFORMATION
Print full name
☐☐
Current employee
☐☐
Job applicant
☐☐
Other (please specify)
Home or work address: Phone number
EMPLOYEE INFORMATION (Complete this section only if you are an employee)
Civil service title Office title
Office telephone number Email address
Supervisor name Phone number Supervisor email address
Division
Worksite/location
APPLICANT INFORMATION (Complete this section only if you are a job applicant)
Position/title sought Division/unit (if known)
Location of position (if known)
Part(s) of the employment process for which an accommodation is requested (please check the
box below):
☐☐
Job application
Job vacancy notice number (if known):
☐☐
Interview
Interview date:
☐☐
Other (please specify):
Agency contact person (if known) Phone number
Appendix A
36
Basis of reasonable accommodation request:
☐
☐
Disability
☐
☐
Religion
☐
☐
Status as victim of domestic violence, sex offenses, or stalking
☐
☐
Pregnancy, childbirth, or a related medical condition
☐
☐
Lactation needs
Is the condition for which you are requesting an accommodation:
☐
☐
Permanent ☐
☐
Temporary ☐
☐
Unknown
If temporary, anticipated date accommodation(s) no longer needed:
Identify the situation that requires accommodation and describe the nature of reasonable
accommodation requested and how the accommodation will assist you to perform the
essential functions of the position held or desired, or to enjoy the benefits and privileges of
employment. Please be specific. (Attach additional sheets and present supporting
documentation as appropriate.)
If equipment is requested, please specify brand, model number and vendor, if known.
For reasonable accommodation requests based on disability, you may be asked to
provide additional medical documentation to better assess your need.
This CONFIDENTIAL documentation should be provided
to the Disabilities Rights Coordinator or EEO officer
Such documentation should:
☐
☐
Be dated and signed by the health professional. (e.g., M.D., D.O., etc.)
☐
☐
Describe the severity of the disability and its limitations in detail as they currently exist
and how they limit the individual's ability to perform the essential functions of the job.
☐
☐
Indicate the extent to which the accommodation will permit you to perform the
essential functions of the job or to enjoy the benefits and privileges of employment.
☐
☐
State whether the duration of disability is permanent or temporary or unknown.
☐
☐
If temporary, specify the date the disability is expected to no longer require
accommodation.
I certify that I have read and understood the information provided in this request, and that
it is true to the best of my knowledge, information, and belief.
Date
Requestor’s signature/authorized agent
37
B. Authorization for Release of Health Information Pursuant to
HIPAA
OCA Official Form No.: 960
AUTHORIZATION FOR RELEASE OF HEALTH INFORMATION PURSUANT TO HIPAA
[This form has been approved by the New York State Department of Health]
Patient Name Date of Birth Social Security Number
Patient Address
I, or my authorized representative, request that health information regarding my care and treatment be released as set forth on this form:
In accordance with New York State Law and the Privacy Rule of the Health Insurance Portability and Accountability Act of 1996
(HIPAA), I understand that:
1. This authorization may include disclosure of information relating to ALCOHOL and DRUG ABUSE, MENTAL HEALTH
TREATMENT, except psychotherapy notes, and CONFIDENTIAL HIV* RELATED INFORMATION only if I place my initials on
the appropriate line in Item 9(a). In the event the health information described below includes any of these types of information, and I
initial the line on the box in Item 9(a), I specifically authorize release of such information to the person(s) indicated in Item 8.
2. If I am authorizing the release of HIV-related, alcohol or drug treatment, or mental health treatment information, the recipient is
prohibited from redisclosing such information without my authorization unless permitted to do so under federal or state law. I
understand that I have the right to request a list of people who may receive or use my HIV-related information without authorization. If
I experience discrimination because of the release or disclosure of HIV-related information, I may contact the New York State Division
of Human Rights at (212) 480-2493 or the New York City Commission of Human Rights at (212) 306-7450. These agencies are
responsible for protecting my rights.
3. I have the right to revoke this authorization at any time by writing to the health care provider listed below. I understand that I may
revoke this authorization except to the extent that action has already been taken based on this authorization.
4. I understand that signing this authorization is voluntary. My treatment, payment, enrollment in a health plan, or eligibility for
benefits will not be conditioned upon my authorization of this disclosure.
5. Information disclosed under this authorization might be redisclosed by the recipient (except as noted above in Item 2), and this
redisclosure may no longer be protected by federal or state law.
6. THIS AUTHORIZATION DOES NOT AUTHORIZE YOU TO DISCUSS MY HEALTH INFORMATION OR MEDICAL
CARE WITH ANYONE OTHER THAN THE ATTORNEY OR GOVERNMENTAL AGENCY SPECIFIED IN ITEM 9 (b).
7. Name and address of health provider or entity to release this information:
8. Name and address of person(s) or category of person to whom this information will be sent:
9(a). Specific information to be released:
Medical Record from (insert date) ___________________ to (insert date) ___________________
Entire Medical Record, including patient histories, office notes (except psychotherapy notes), test results, radiology studies, films,
referrals, consults, billing records, insurance records, and records sent to you by other health care providers.
Other: __________________________________ Include: (Indicate by Initialing)
__________________________________ ________ Alcohol/Drug Treatment
________ Mental Health Information
Authorization to Discuss Health Information ________ HIV-Related Information
(b) By initialing here ____________ I authorize ________________________________________________________________
Initials Name of individual health care provider
to discuss my health information with my attorney, or a governmental agency, listed here:
______________________________________________________________________________________________________
(Attorney/Firm Name or Governmental Agency Name)
10. Reason for release of information:
At request of individual
Other:
11. Date or event on which this authorization will expire:
12. If not the patient, name of person signing form: 13. Authority to sign on behalf of patient:
All items on this form have been completed and my questions about this form have been answered. In addition, I have been provided a
copy of the form.
______________________________________________ Date: _____________________________
Signature of patient or representative authorized by law.
* Human Immunodeficiency Virus that causes AIDS. The New York State Public Health Law protects information which reasonably could
identify someone as having HIV symptoms or infection and information regarding a person’s contacts.
Appendix B
38
C. Reasonable Accommodation Request Record of Steps and
Outcome
REASONABLE ACCOMMODATION REQUEST
RECORD OF STEPS AND OUTCOME
Name of applicant/employee: Telephone number:
Address:
Request number:
Received by:
Date received:
Received by:
Method of filing:
☐☐
In Person
☐☐
Phone
☐☐
Mail
☐☐
E-mail
DOCUMENTATION OF STEPS TAKEN TO CONSIDER REQUEST
DATE:
COMMENTS:
Appendix C
39
RESOLUTION
☐☐ Granted
Date:
Type of accommodation granted:
☐☐
As requested
☐☐
Different from what was requested
Please provide specifics: (Attach additional sheets
as needed.)
☐☐ Denied
Date:
Reason for denial:
Date when letter granting or denying the requested accommodation was sent to employee or applicant:
Signature_________________________________________Date:____________________
40
D. Granting of Reasonable Accommodation Request
GRANTING OF REASONABLE ACCOMMODATION REQUEST
(To be completed by deciding official)
1. Full name of individual requesting reasonable accommodation:
2. Basis for reasonable accommodation request:
□
Disability
□
Religion
□
Status as victim of domestic violence, sex offenses, or stalking
□
Pregnancy, childbirth or a related medical condition
□
Lactation needs
3. Specific accommodation requested:
4. Decision:
□
Reasonable accommodation granted as requested
□
Alternative accommodation granted
Describe accommodation granted:
Deciding official
name (print):
Signature:
Date granted:
Telephone:
Email:
cc: EEO officer, and if applicable, agency personnel officer, manager/supervisor.
Appendix D
41
E. Denial of Reasonable Accommodation Request
DENIAL OF REASONABLE ACCOMMODATION REQUEST
((To be completed by deciding official))
1. Name of individual requesting reasonable accommodation:
2. Basis for reasonable accommodation request:
□
Disability
□
Religion
□
Status as victim of domestic violence, sex offenses, or stalking
□
Pregnancy, childbirth, or a related medical condition
□
Lactation needs
3. Specific accommodation request:
4. Request for reasonable accommodation denied because (you may check more than
one box).
□
Employee’s request determined not to be related to a disability
□
Employee’s request determined not to be related to religion
□
Employee determined not to be a victim of domestic violence, sex offenses, or
stalking
□
Employee’s request determined not to be related to pregnancy, childbirth, or
related medical condition
□
Employee’s request determined not to be related to a lactation need
□
Accommodation would not meet requested need
□
Accommodation would cause undue hardship
□
Documentation of need for the accommodation inadequate
□
Accommodation would require removal of an essential function of the job
□
Accommodation would pose direct threat
□
Other (please specify)
Appendix E
42
5. Reason(s) for the denial of reasonable accommodation (must be specific, e.g., why
accommodation is ineffective or causes undue hardship).
6. If the individual proposed one type of reasonable accommodation, which is being
denied, but rejected an offer of a different type of reasonable accommodation, explain
both the reasons for denial of the requested accommodation and reason why chosen
accommodation would be effective.
7. Appeal: Where an employee or applicant has requested a reasonable
accommodation consistent with these procedures and the agency representative has
not provided the reasonable accommodation, an appeal may be made to the agency
head or their designee within 10 days from when the EEO Office issues the decision.
8. If a job applicant or employee wishes to file an internal EEO complaint, they must
contact (name), the agency EEO officer (provide contact information).
Deciding official
Name (print):
Telephone:
Email:
Signature: Date denied
cc: EEO officer, and if applicable, agency personnel officer, manager/supervisor.
43
F. Reasonable Accommodations at a Glance
Reasonable Accommodations at a Glance
All City agencies are required to provide reasonable accommodations to eligible individuals unless doing so
would cause an undue hardship for the agency. Reasonable accommodations allow individuals to enjoy the
rights and privileges of employment and perform the essential functions of their job.
1
Making the Request
Individuals are entitled to reasonable accommodations for disability, pregnancy and related
medical conditions, religious observances, and their status as a victim of domestic violence,
sex oenses, or stalking.
Requests for accommodations should be made to the agency EEO ocer.
Refer Requests to the EEO Ofcer
Upon becoming aware of a need or request for an accommodation, managers and supervisors must refer the
information to the EEO Oce immediately and inform the employee to submit their request to the EEO Oce.
2
The Cooperative Dialogue
The cooperative dialogue is an ongoing, good faith communication between the agency
and an individual to understand and assess accommodation needs. It also explores ways to
meet those needs that do not cause an undue hardship for the agency.
The EEO Oce must initiate the cooperative dialogue within 10 days from notice of an
accommodation need or request.
Documentation should be provided to support accommodation needs, if warranted.
3
Determination
The EEO Oce must issue a written notice of any decision granting or denying an
accommodation and all appeal rights within 15 days from the conclusion of the
cooperative dialogue. In certain time-sensitive circumstances, expedited processing or a
temporary accommodation may be necessary.
At least 10 business days before an accommodation will expire, the EEO Oce must remind the
individual in writing of the end date of the accommodation. Any request for an extension or modication
should be submitted to the EEO Oce at least ve business days before the expiration of the original
accommodation.
4
Right to Appeal
Individuals may appeal the denial of an accommodation request, to the agency head within
10 days from when the EEO Oce issues the decision.
Appeal
The agency head or designee must issue a written determination on the appeal within 15 business days of
receipt of an appeal.
If you need an accommodation or have any questions,
contact your agency’s EEO ocer.
Revised March 2024
44
G. Resources
Listed below are resources for identifying and evaluating possible
accommodations that agency personnel may consult. Agency personnel involved
in the reasonable accommodation process are encouraged to use these resources
as needed.
Disabilities
New York City Commission on Human Rights
NYCCHR_LegalGuide-DisabilityFinal2.pdf
Mayor’s Ofce for People with Disabilities
http://nyc.gov/mopd
311
1-212-NEW-YORK (Out of City)
711 (Relay Service for Deaf\Hard of Hearing)
Job Accommodation Network (JAN)
http://www.askjan.org/
1-800-526-7234
U.S. Equal Employment Opportunity Commission (EEOC)
www.eeoc.gov
1-800-669-4000
(TTY) 1-800-669-6820
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The EEOC has published many documents that provide guidance on ADA
requirements. Some examples include:
• Reasonable Accommodation and Undue Hardship Under the ADA:
http://www.eeoc.gov/policy/docs/accommodation.html
• Disability-Related Inquiries & Medical Examinations of Employees under
the ADA: http://www.eeoc.gov/policy/docs/guidance-inquiries.html
• Application of the ADA to the Contingent Workers Placed By Temporary
Agencies & Other Stafng Firms:
http://www.eeoc.gov/policy/docs/guidance-contingent.html
• ADA and Psychiatric Disabilities:
http://www.eeoc.gov/policy/docs/psych.html
• Enforcement Guidance: Workers’ Compensation & the ADA:
http://www.eeoc.gov/policy/docs/workcomp.html
• Pre-employment Disability-Related Questions & Medical Examinations:
http://www.eeoc.gov/policy/docs/preemp.html
• FMLA, ADA, and Title VII: http://www.eeoc.gov/policy/docs/fmlaada.html
• Job Applicants and the ADA: http://www.eeoc.gov/facts/jobapplicant.html
Religion
EEOC Compliance Manual:
Section 12 – Religion
http://www.eeoc.gov/policy/docs/religion.html
Victims of Domestic Violence, Sex Offenses, and Stalking
New York City Commission on Human Rights
https://www1.nyc.gov/site/cchr/law/domestic-violence-law.page
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New York State Division of Human Rights
https://dhr.ny.gov/system/les/documents/2022/06/employment-domestic-
violence-trifold.pdf
Pregnancy, Childbirth, and Other Related-Medical Conditions
NYC Commission on Human Rights
https://www1.nyc.gov/site/cchr/law/pregnancy-legal-guidance.page
https://www1.nyc.gov/site/cchr/law/lactation.page
New York State Division of Human Rights
https://dhr.ny.gov/system/les/documents/2022/05/pregnancy.pdf
EEOC
http://www.eeoc.gov/laws/types/pregnancy.cfm
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