Mark C Fang

December 10, 2015 | New York Law Journal

Mark C. Fang and Jay C. Carlisle II write that the treatment of the preclusive effect of administrative determinations taken by the Southern District in 'U.S. v. East River Housing' deserves close attention in light of the Supreme Court's broad interpretation of the scope and nature of the Fair Housing Act earlier this year, possibly pointing the way to a new result on an unsettled issue of significant bearing on the procedural course of FHA discrimination claims in New York.

By Mark C. Fang and Jay C. Carlisle II

15 minute read

December 09, 2015 | New York Law Journal

Mark C. Fang and Jay C. Carlisle II write that the treatment of the preclusive effect of administrative determinations taken by the Southern District in 'U.S. v. East River Housing' deserves close attention in light of the Supreme Court's broad interpretation of the scope and nature of the Fair Housing Act earlier this year, possibly pointing the way to a new result on an unsettled issue of significant bearing on the procedural course of FHA discrimination claims in New York.

By Mark C. Fang and Jay C. Carlisle II

15 minute read

April 01, 2015 | New York Law Journal

Mark C. Fang writes: When an employee with a disability makes a request for a reasonable accommodation, the employer is obligated under New York law to initiate a dialogue with the employee called an interactive process. Although that step is not required in the context of housing for a resident with a disability, it may be a prudent way to address such requests and prevent a frustrated tenant or patron from taking the matter to court or his state or local human rights commission.

By Mark C. Fang

14 minute read

March 31, 2015 | New York Law Journal

Mark C. Fang writes: When an employee with a disability makes a request for a reasonable accommodation, the employer is obligated under New York law to initiate a dialogue with the employee called an interactive process. Although that step is not required in the context of housing for a resident with a disability, it may be a prudent way to address such requests and prevent a frustrated tenant or patron from taking the matter to court or his state or local human rights commission.

By Mark C. Fang

14 minute read

February 03, 2015 | New York Law Journal

Mark C. Fang writes that an informal interactive process between an employer and an employee with a disability has proven to be a valuable method for resolving requests for reasonable accommodations in employment. But as the New York Court of Appeals has now made clear, beyond the intrinsic value of the interactive process, the failure to participate could have important consequences for the employer should the question ever be raised in court.

By Mark C. Fang

11 minute read

February 02, 2015 | New York Law Journal

Mark C. Fang writes that an informal interactive process between an employer and an employee with a disability has proven to be a valuable method for resolving requests for reasonable accommodations in employment. But as the New York Court of Appeals has now made clear, beyond the intrinsic value of the interactive process, the failure to participate could have important consequences for the employer should the question ever be raised in court.

By Mark C. Fang

11 minute read