Does an employer have to act proactively and engage with an interactive process to accommodate an employee with a disability?
MultiRegion, United States of America
The following excerpt is from Costabile v. N.Y.C. Health & Hosps. Corp., 951 F.3d 77 (2nd Cir. 2020):
20 Id. at 135 ; accord McElwee v. Cty. of Orange , 700 F.3d 635, 642 (2d Cir. 2012) ("[U]nder certain circumstances, an employer is required to act proactively and engage in an interactive process to accommodate the disability of an employee even if the employee does not request accommodation.").
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