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S 9860

Requires employment entities to engage in cooperative dialogue with certain persons regarding reasonable accommodations

2025 Regular Session Introduced by Pat Fahy

The bill requires employers to engage in good faith cooperative dialogue with applicants or employees to reach a reasonable accommodation promptly, with documentation. (160 chars)

REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
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Bill Summary · S 9860

Summary of Bill S. 9860 (New York, 2025-2026)

Purpose and intent

  • The bill amendments aim to strengthen protections for employees, prospective employees, and members with disabilities or pregnancy-related conditions by requiring employment entities to participate in cooperative dialogue when a reasonable accommodation is requested.
  • The overarching goal is to facilitate timely and effective accommodation decisions, promote integration of individuals needing accommodations into the workplace, and prevent discrimination stemming from failure to engage in such dialogue.

Key provisions and changes

  1. Definition updates (Executive Law § 292, subdiv. 21-e; new subdivisions 43-44)

    • Defines “reasonable accommodation” as actions that enable a disability or pregnancy-related condition to perform job activities in a reasonable manner, including:
      • Accessible worksite
      • Acquisition or modification of equipment
      • Support services for hearing/vision
      • Job restructuring and modified work schedules
    • Clarifies that accommodations must not impose an undue hardship on the employer; the employer bears the burden of proving undue hardship.
    • Introduces “cooperative dialogue” as a process:
      • Conducted in good faith in written or oral form.
      • Involves discussing requested accommodations, potential alternatives, and the difficulties accommodations may pose for the employer.
      • Designed to continue until an accommodation reasonable to both parties is reached.
      • Aims to integrate the individual into the workplace rather than push them out.
      • Requires documentation of the results and provision of a copy to the employee.
    • Defines “employment entity” to include employers, employment agencies, labor organizations, licensing agencies, or their agents.

  2. Unlawful discriminatory practices—cooperative dialogue obligation (Executive Law § 296)

    • Adds new subsections and paragraphs describing unlawful discrimination:
      • (a) For subdivision 3: It is unlawful to refuse reasonable accommodations for known disabilities or pregnancy-related conditions in connection with a job, occupation, or training.
      • (e) For subdivision 3: It is unlawful to refuse or fail to engage in a cooperative dialogue with a person who requested a reasonable accommodation or who the entity knew or should have known may require one.
    • Similar explicit prohibitions are added to other sections of subdivision 10 and subdivision 22, ensuring the cooperative dialogue obligation applies across multiple contexts where accommodations may be needed.

  3. Timeline and process

    • The cooperative dialogue is intended to be continuous and expeditious, with written memorialization of results and a copy provided to the employee.
    • The process prioritizes reaching a mutually reasonable accommodation promptly rather than forcing employees out of the workplace.

Who is affected

  • Employers, employment agencies, labor organizations, licensing agencies, and their agents (collectively: “employment entities”) are subject to the new cooperative dialogue requirement.
  • Employees, prospective employees, and members with disabilities or pregnancy-related conditions who request accommodations are the primary beneficiaries, as well as those who may require accommodation and whose needs are known or reasonably knowable by the employer.

Timelines and status

  • Introduced in Senate on April 9, 2026.
  • Referred to the Committee on Investigations and Government Operations.
  • Immediate effective date upon enactment (takes effect immediately if enacted).

Potential impact and considerations

  • Potentially increases administrative duties for employers to document and conduct cooperative dialogues.
  • Encourages earlier and more collaborative accommodation decisions, potentially reducing delays and discrimination claims related to accommodations.
  • Shifts some burden to employers to prove undue hardship, aligning with existing reasonable accommodation standards while adding a mandatory dialogue component.
  • Could influence workplace practices, training, and human resources policies to ensure compliance with cooperative dialogue requirements.

If you’d like, I can provide a brief comparison to current law highlights or draft a checklist for employers to implement compliant cooperative dialogues.

Compiled from official sources — confirm details with the bill’s official record.

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