A New York court recently took a step in favor of employees’ rights when it comes to requesting reasonable accommodations for disabilities. On October 10, 2013, in Giuseppe Romanello v. Intesa Sanpaolo, the New York State Court of Appeals held that an indefinite leave of absence may be a reasonable accommodation under a New York City ordinance, unless the employer can show that the indefinite leave would cause an undue hardship.
The importance of the holding in Giuseppe Romanello is profound, at least for the state of New York at the moment. Essentially, the holding shifts the burden to the employer to establish an undue hardship defense, rather ceasing the analysis at the employee’s failure to show a reasonable accommodation that would allow him/her to perform the essential functions of the job. In this case, all the employee has to do is request the indefinite leave of absence, and then the employer must show the existence of an undue hardship in order to justify denying the requested accommodation.
The holding in Giuseppe Romanello is believed to be the first of its kind, and now the question is whether other state jurisdictions will follow suit as the issue is sure to be raised in other state courts.
If you are disabled or your employer perceives you as being disabled; and you have been fired, wrongfully terminated, discriminated against, demoted, wrongfully disciplined, denied wages, or even think that you might need a disability discrimination lawyer, then call the right attorney to schedule a free and confidential consultation at 866-797-6040. The best option is not to wait. The Spitz Law Firm, and its attorneys are experienced and dedicated to protecting disables employees’ rights under ADA and Ohio law.
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