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NYC law: Telecommuting may be an accommodation

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in Human Resources

New York City law requires employers to consider whether injured or ill employees who want to work from home are entitled to such an accommodation.

Recent case: Phyllis Schnitzer worked for a New York City bank when she seriously injured her arm in a sports accident. Extensive surgery and physical therapy followed.

She asked to work from home but the bank didn’t want to set up a remote computer link. After nine months, she was ready to come back, but the bank had eliminated her job. She sued under the New York City Human Rights Law (NYCHRL).

The court said a jury would have to decide whether the NYCHRL required the bank to set up a work-from-home arrangement. If it wouldn’t have been an undue hardship, Schnitzer may win. (Schnitzer v. Bank Leumi, No. 09-Civ-3171, SD NY, 2010)

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