Phillips v. City of New York

In Phillips v. City of New York (66 AD3d 170, 2009 NY Slip Op 5990 [1st Dept 2009]), an employee who suffered with breast cancer was denied extended leave because her employer, the Department of Homeless Services, classified her as being in a non-competitive title, which made her ineligible to receive unpaid medical leave beyond that mandated by the Family and Medical Leave Act. In reaching its ultimate conclusion, the court stated that individualized inquiry is necessary to determine whether a particular accommodation is reasonable under the specific circumstances. "The first step in providing a reasonable accommodation is to engage in a good faith interactive process that assesses the needs of the disabled individual and the reasonableness of the accommodation requested." Id.at 10.