When a requested accommodation is denied, communicate such decision to the impacted employee and continue a dialogue regarding alternatives and ways to minimize hardship. 1 No. 152, 2013 N.Y. LEXIS 2755; 2013 Slip Op 6600 (Oct. 10, 2013).2 66 A.D.3d 170 (N.Y. App. Div. 2009).3Id. § 8-130.4Phillips, 66 A.D.3d at 176.

il.nyc.gov/LegislationDetail.aspx?ID=1241612&GUID=505FEA48-8362-46CB-88CF-A1BDE9B9084E&Options=ID|Text|&Search=974-A.5See New York City Council, Committee on Civil Rights, Committee Report of the Governmental Affairs Division, September 23, 2013, at 5-6, available at: http://legistar.council.nyc.gov/LegislationDetail.aspx?ID=1241612&GUID=505FEA48-8362-46CB-88CF-A1BDE9B9084E&Options=ID|Text|&Search=974-A.6Factors identified as contributing to the “undue hardship” analysis for pregnancy, childbirth, or related medical conditions are identical to those applicable to a determination of accommodation of a “disability” and include, but are not limited to, the nature and cost of the accommodation, the overall financial resources of the employer, the number of employees, the effect on expenses and resources, and the impact the accommodation would have on the employer’s operations. N.Y.C. Admin. Code § 8-102(18).7For a criticized, but so far binding, decision of the First Appellate Department, seePhillips v. City of New York et al., 66 A.D. 3d 170, 182, 884 N.Y.S. 2d 369, 378 (1st Dep’t. 2009) (“there is no accommodation (whether it be indefinite leave time or any other need created by a disability) that is categorically excluded from the universe of reasonable accommodation. And unlike the ADA, there are no accommodations that may be ‘unreasonable’ if they do not cause undue hardship.”)