Indefinite Leave Not Reasonable Accommodation Under New York State Law, But May Be Required Under Broader City Law

On October 10, 2013, the New York Court of Appeals held that New York employers are not required to provide indefinite leave as an accommodation under the state disability discrimination law, but that they may be required to do so under the broader New York City law. In Romanello v. Intesa Sanpaolo, S.p.A., the state’s highest court affirmed a lower court order dismissing a disability discrimination claim under the New York State Human Rights Law (NYSHRL) by Giuseppe Romanello against his former employer, Intesa Sanpaolo S.p.A. However, the court reversed the lower court’s dismissal of Romanello’s claim under the New York City Human Rights Law (NYCHRL), finding that this claim may be viable under the broader protections of the City law. The dissent, however, argued that the complaint had sufficiently pled a claim even under the NYSHRL because it alleged that the employer failed to engage in an interactive process with the plaintiff before terminating his employment.

Read More: Indefinite Leave Not Reasonable Accommodation Under New York State Law, But May Be Required Under Broader City Law


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