Senate Bill S9860

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9860
 
                             I N  S E N A T E
 
                               April 9, 2026
                                ___________
 
 Introduced  by  Sen.  FAHY  --  read twice and ordered printed, and when
   printed to be committed to the Committee on Investigations and Govern-
   ment Operations
 
 AN ACT to amend the executive law, in relation to  requiring  employment
   entities  to  engage  in  cooperative  dialogue  with  certain persons
   regarding reasonable accommodations

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  21-e of section 292 of the executive law, as
 amended by chapter 369 of the laws of  2015,  is  amended  and  two  new
 subdivisions 43 and 44 are added to read as follows:
   21-e.  The  term  "reasonable accommodation" means actions taken which
 permit an employee, prospective employee or member with a disability, or
 a pregnancy-related condition, to perform in  a  reasonable  manner  the
 activities involved in the job or occupation sought or held and include,
 but are not limited to, provision of an accessible worksite, acquisition
 or modification of equipment, support services for persons with impaired
 hearing  or  vision,  job  restructuring  and  modified  work schedules;
 provided, however, that such actions do not impose an undue hardship  on
 the  business,  program or enterprise of the entity from which action is
 requested. THE ENTITY FROM WHICH THE ACTION IS REQUESTED SHALL HAVE  THE
 BURDEN OF PROVING THAT THE PROPOSED ACTION OR ACTIONS WOULD IMPOSE UNDUE
 HARDSHIP.
   43. THE TERM "COOPERATIVE DIALOGUE" MEANS A PROCESS:
   (A) BY WHICH AN EMPLOYMENT ENTITY AND AN EMPLOYEE, PROSPECTIVE EMPLOY-
 EE,  OR  MEMBER SEEKING A REASONABLE ACCOMMODATION PURSUANT TO PARAGRAPH
 (A) OF SUBDIVISION THREE, PARAGRAPH (A) OF SUBDIVISION TEN, AND/OR PARA-
 GRAPH (C) OF SUBDIVISION TWENTY-TWO OF SECTION TWO HUNDRED NINETY-SIX OF
 THIS ARTICLE, ENGAGES IN GOOD  FAITH  IN  A  WRITTEN  OR  ORAL  DIALOGUE
 CONCERNING:
   (I) REQUESTED ACCOMMODATION NEEDS;
   (II) POTENTIAL ACCOMMODATIONS THAT MAY ADDRESS REQUESTED ACCOMMODATION
 NEEDS, INCLUDING BUT NOT LIMITED TO ALTERNATIVES TO A REQUESTED ACCOMMO-
 DATION; AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15465-01-6
 S. 9860                             2
 
   (III)  THE  DIFFICULTIES  THAT SUCH POTENTIAL REASONABLE ACCOMMODATION
 MAY POSE FOR SUCH EMPLOYMENT ENTITY;
   (B)  THAT IS INTENDED TO CONTINUE UNTIL AN ACCOMMODATION REASONABLE TO
 BOTH PARTIES HAS BEEN REACHED;
   (C) THAT IS INTENDED TO  BE  A  PROCESS  FOR  INTEGRATING  INDIVIDUALS
 REQUIRING  ACCOMMODATIONS  INTO THE WORKPLACE AS OPPOSED TO FORCING THEM
 OUT; AND
   (D) THAT CONTINUES EXPEDITIOUSLY, WHERE THE RESULTS  OF  SUCH  PROCESS
 ARE  MEMORIALIZED IN WRITING, AND A COPY OF SUCH RESULTS ARE PROVIDED TO
 THE EMPLOYEE.
   44. THE TERM "EMPLOYMENT ENTITY" MEANS AN EMPLOYER, EMPLOYMENT AGENCY,
 LABOR ORGANIZATION, LICENSING AGENCY OR EMPLOYEE OR AGENT THEREOF.
   § 2. Paragraph (a) of subdivision 3 of section 296  of  the  executive
 law, as amended by chapter 369 of the laws of 2015, is amended and a new
 paragraph (e) is added to read as follows:
   (a)  It  shall be an unlawful discriminatory practice for an employer,
 licensing agency, employment agency or labor organization to  refuse  to
 provide  reasonable accommodations to the known disabilities[,] or preg-
 nancy-related conditions, OR DISABILITIES  OR  PREGNANCY-RELATED  CONDI-
 TIONS  THAT  SHOULD REASONABLY HAVE BEEN KNOWN, of an employee, prospec-
 tive employee or member in connection with a job or occupation sought or
 held or participation in a training program.
   (E) IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR AN  EMPLOYMENT
 ENTITY  TO  REFUSE OR OTHERWISE FAIL TO ENGAGE IN A COOPERATIVE DIALOGUE
 WITH A PERSON WHO HAS REQUESTED A REASONABLE ACCOMMODATION  PURSUANT  TO
 THIS SUBDIVISION OR WHO SUCH EMPLOYMENT ENTITY KNEW OR SHOULD REASONABLY
 HAVE KNOWN MAY REQUIRE SUCH A REASONABLE ACCOMMODATION.
   §  3. Subdivision 10 of section 296 of the executive law is amended by
 adding a new paragraph (e) to read as follows:
   (E) IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR AN  EMPLOYMENT
 ENTITY  TO  REFUSE OR OTHERWISE FAIL TO ENGAGE IN A COOPERATIVE DIALOGUE
 WITH A PERSON WHO HAS REQUESTED A REASONABLE ACCOMMODATION  PURSUANT  TO
 THIS SUBDIVISION OR WHO SUCH EMPLOYMENT ENTITY KNEW OR SHOULD REASONABLY
 HAVE KNOWN MAY REQUIRE SUCH A REASONABLE ACCOMMODATION.
   §  4.  Paragraph (c) of subdivision 22 of section 296 of the executive
 law is amended by adding a new subparagraph 7 to read as follows:
   (7) IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR AN  EMPLOYMENT
 ENTITY  TO  REFUSE OR OTHERWISE FAIL TO ENGAGE IN A COOPERATIVE DIALOGUE
 WITH A PERSON WHO HAS REQUESTED A REASONABLE ACCOMMODATION  PURSUANT  TO
 THIS  PARAGRAPH  OR WHO SUCH EMPLOYMENT ENTITY KNEW OR SHOULD REASONABLY
 HAVE KNOWN MAY REQUIRE SUCH A REASONABLE ACCOMMODATION.
   § 5. This act shall take effect immediately.