New York Law Review

Romanello v. Intesa Sanpaolo, S.p.A., 22 N.Y.3d 881 (2013): Indefinite Leave and Differing Disability Standards in State and City HRL

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Romanello v. Intesa Sanpaolo, S.p.A., 22 N.Y.3d 881 (2013)

Under the New York State Human Rights Law, a request for indefinite leave is not considered a reasonable accommodation, but the New York City Human Rights Law provides broader protections and places the burden on the employer to prove undue hardship and that the employee could not perform essential job functions with reasonable accommodation.

Summary

Giuseppe Romanello, an executive at Intesa Sanpaolo, was terminated after informing his employer of his severe and disabling illnesses and an “indeterminate” return-to-work date. He sued, alleging disability discrimination under both the New York State Human Rights Law (State HRL) and the New York City Human Rights Law (City HRL). The Court of Appeals held that while the State HRL claim was properly dismissed because indefinite leave is not a reasonable accommodation under that statute, the City HRL claim should be reinstated because the City HRL places the burden on the employer to prove that no reasonable accommodation would allow the employee to perform the job’s essential functions.

Facts

Giuseppe Romanello, an executive with Intesa Sanpaolo (Intesa), became ill and unable to work, diagnosed with major depression and other disorders. After nearly five months of paid leave, Intesa inquired about his return. Romanello’s counsel responded that his return date was “indeterminate” due to his ongoing illnesses. Intesa then terminated his employment, even as he sought and received long-term disability payments under Intesa’s policy.

Procedural History

Romanello sued Intesa, alleging disability discrimination under the State HRL and City HRL. The Supreme Court dismissed both claims. The Appellate Division affirmed. The plaintiff appealed to the Court of Appeals from so much of the Appellate Division order as affirmed the dismissal of the severed first and second causes of action.

Issue(s)

1. Whether the plaintiff stated a claim for disability discrimination under the New York State Human Rights Law (State HRL) when he requested an indefinite leave of absence.

2. Whether the plaintiff stated a claim for disability discrimination under the New York City Human Rights Law (City HRL) when he requested an indefinite leave of absence.

Holding

1. No, because under the State HRL, a “reasonable accommodation” does not include indefinite leave; thus, the first cause of action was properly dismissed.

2. Yes, because the City HRL provides broader protections for discrimination plaintiffs, and the employer bears the burden of proving that the employee could not perform the essential functions of the job with reasonable accommodation.

Court’s Reasoning

The Court distinguished between the State HRL and City HRL. Under the State HRL, a disability is “limited to disabilities which, upon the provision of reasonable accommodations, do not prevent the complainant from performing in a reasonable manner the activities involved in the job or occupation sought or held” (Executive Law § 292 [21]). The Court stated that indefinite leave is not considered a reasonable accommodation under the State HRL, citing Phillips v City of New York, 66 AD3d 170, 176 (1st Dept 2009). Because Romanello requested an “indeterminate” leave, he failed to state a claim under the State HRL.

However, the Court emphasized the broader protections of the City HRL, stating that its provisions “shall be construed liberally for the accomplishment of the uniquely broad and remedial purposes thereof” and “broadly in favor of discrimination plaintiffs, to the extent that such a construction is reasonably possible” (Albunio v City of New York, 16 NY3d 472, 477-478 [2011]). The City HRL does not define disability with reference to reasonable accommodation, as the State HRL does (Administrative Code of City of NY § 8-102 [16]). Instead, it requires employers to “make reasonable accommodation to enable a person with a disability to satisfy the essential requisites of a job,” and it is the employer’s burden to prove undue hardship and that the employee could not, with reasonable accommodation, perform the job (Administrative Code § 8-107 [15] [a]; Phillips, 66 AD3d at 183). Since Intesa did not attempt to meet this burden, the City HRL claim should not have been dismissed.

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