New York S 9860: Requires employment entities to engage in cooperative dialogue with certain persons regarding reasonable accommodations

Bill Text

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S09860 Summary:

BILL NOS09860 

&nbsp

SAME ASSAME AS A11514

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SPONSORFAHY

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COSPNSR

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MLTSPNSR

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Amd §§292 & 296, Exec L

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Requires employment entities to engage in cooperative dialogue with persons requesting reasonable accommodations, or who such employment entities reasonably should have known may require such reasonable accommodations, due to disability, religion, or status as a victim of domestic violence.

Go to top S09860 Actions:

BILL NOS09860 

&nbsp

04/09/2026REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

Go to topS09860 Committee&nbspVotes:

Go to topS09860 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS09860 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 9860

 IN SENATE

 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:

 1 Section 1. Subdivision 21-e of section 292 of the executive law, as
 2 amended by chapter 369 of the laws of 2015, is amended and two new
 3 subdivisions 43 and 44 are added to read as follows:
 4 21-e. The term "reasonable accommodation" means actions taken which
 5 permit an employee, prospective employee or member with a disability, or
 6 a pregnancy-related condition, to perform in a reasonable manner the
 7 activities involved in the job or occupation sought or held and include,
 8 but are not limited to, provision of an accessible worksite, acquisition
 9 or modification of equipment, support services for persons with impaired
 10 hearing or vision, job restructuring and modified work schedules;
 11 provided, however, that such actions do not impose an undue hardship on
 12 the business, program or enterprise of the entity from which action is
 13 requested. The entity from which the action is requested shall have the
 14 burden of proving that the proposed action or actions would impose undue
 15 hardship.
 16 43. The term "cooperative dialogue" means a process:
 17 (a) by which an employment entity and an employee, prospective employ-
 18 ee, or member seeking a reasonable accommodation pursuant to paragraph
 19 (a) of subdivision three, paragraph (a) of subdivision ten, and/or para-
 20 graph (c) of subdivision twenty-two of section two hundred ninety-six of
 21 this article, engages in good faith in a written or oral dialogue
 22 concerning:
 23 (i) requested accommodation needs;
 24 (ii) potential accommodations that may address requested accommodation
 25 needs, including but not limited to alternatives to a requested accommo-
 26 dation; and

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD15465-01-6

 S. 9860 2

 1 (iii) the difficulties that such potential reasonable accommodation
 2 may pose for such employment entity;
 3 (b) that is intended to continue until an accommodation reasonable to
 4 both parties has been reached;
 5 (c) that is intended to be a process for integrating individuals
 6 requiring accommodations into the workplace as opposed to forcing them
 7 out; and
 8 (d) that continues expeditiously, where the results of such process
 9 are memorialized in writing, and a copy of such results are provided to
 10 the employee.
 11 44. The term "employment entity" means an employer, employment agency,
 12 labor organization, licensing agency or employee or agent thereof.
 13 § 2. Paragraph (a) of subdivision 3 of section 296 of the executive
 14 law, as amended by chapter 369 of the laws of 2015, is amended and a new
 15 paragraph (e) is added to read as follows:
 16 (a) It shall be an unlawful discriminatory practice for an employer,
 17 licensing agency, employment agency or labor organization to refuse to
 18 provide reasonable accommodations to the known disabilities[,] or preg-
 19 nancy-related conditions, or disabilities or pregnancy-related condi-
 20 tions that should reasonably have bee