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Although an employer is required to provide a disabled individual with a reasonable workplace accommodation, commuting to work is not job-related

Although an employer is required to provide a disabled individual with a reasonable workplace accommodation, commuting to work is not job-related

Robin DiNatale initiated a proceeding pursuant to Executive Law §298 seeking to annul the determination by the New York State Division of Human Rights that she failed to establish that her employer, the New York State Insurance Fund, discriminated against her by refusing to accommodate her disability when it declined to permit her to work from her home. The Appellate Division affirmed the Division?s determination and dismissed DiNatale?s petition.

Although DiNatale had asked the Fund to allow her to work from her home, she conceded at the hearing held by a Division Administrative Law Judge that ?nothing in her work environment caused the symptoms from which she suffered.? According to DiNatale, her symptoms ?were aggravated by her drive to and from work? and thus she should be permitted to work from her home as an accommodation for her disability.

While the State?s Human Rights Law* requires employers to make reasonable accommodations to disabled employees, provided that the accommodations do not impose an undue hardship on the employer, the Appellate Division said that a reasonable accommodation is defined, in relevant part, ?as an action that permits an employee with a disability to perform his or her job activities in a reasonable manner."

Noting that DiNatale had declined to move closer to her place of employment, had not asked anyone else, including family members or friends, to drive her to and from work and had not attempted to use available public transportation to commute to work, the court said that her employer was not required to accommodate her difficulties in commuting to and from work.**

An employee's commute, explained the court, "is an activity that is unrelated to and outside of [the] job [, and] an employer is required to provide reasonable accommodations that eliminate barriers in the work environment,? citing Salmon, 4 F Supp 2d at 1163. In the Appellate Division's view, an individual's commuting to and from work did not encompass his or her "work environment" insofar as the employer's duty to provide a reasonable accommodation was concerned.

* See Executive Law §296(3)(b)

** The decision notes that DiNatale had tried carpooling with one individual but the carpooling ?was not convenient for that person.?

The decision, Matter of DiNatale v New York State Div. of Human Rights, 2010 NY Slip Op 06895, Decided on October 1, 2010, Appellate Division, Fourth Department, is posted on the Internet at:
http://www.courts.state.ny.us/reporter/3dseries/2010/2010_06895.htm
NYPPL

Full post as published by New York Public Personnel Law on October 20, 2010 (boomark / email).