Disabled worker wins
$17,000 award for violations of her right to a reasonable accommodation.
An arbitrator awarded a Librarian $17,000 in back
pay after ruling that the New York Public Library system violated
her rights as a disabled worker.
Arbitrator Lois A. Rappaport cited the library system for ignoring
Josephine Iacullo's request for a reasonable accommodation and insisting
that she submit to disciplinary action before granting an accommodation.
The NYPL kept Ms. Iacullo off the job for a full year before returning
her to work. The arbiter said NYPL violated her contractual rights
by forcing her out without a hearing or written explanation.
In the June decision, Ms. Rappaport also found that the Library
failed to respond to the request of New York Public Library Guild
Local 1930 and Ms. Iacullo to provide her with a reasonable workplace
accommodation. Under federal law, employers are required to accommodate
employees with disabilities.
"This is a major victory for all workers with disabilities
at NYPL," said Local 1930 President Ray Markey. "Management
should have praised and supported Josephine. Instead she was victimized."
Ms. Iacullo walks with a limp and has limited use of her right hand.
She also suffers from double vision when she reads for long times.
Ms. Iacullo joined the Library system as a Trainee 14 years ago.
She earned a master's degree in library science and was promoted
to Senior Librarian.
Requests ignored
When Ms. Iacullo began having difficulty performing her reading
requirements, her supervisor ignored her requests for an accommodation
and, backed by management, began disciplinary action for unsatisfactory
work performance.
After receiving three unsatisfactory performance memos, Ms. Iacullo
submitted a letter detailing her disability and requesting a reassignment
to Adult Services to get her away from the supervisor and cut the
time she needed to spend reading.
Instead of responding to this reasonable accommodation request,
NYPL ordered a medical evaluation. Ms. Iacullo's world caved in
when NYPL Human Resources personnel misinterpreted the medical report
to prevent her from returning to work.
Local 1930 filed a grievance, charging that NYPL's decision to place
Ms. Iacullo on involuntary medical leave and the denial of her request
for a reasonable accommodation violated the contract.
After she exhausted her leave, the Library kept Ms. Iacullo out
for six more months on unpaid leave and scheduled a disciplinary
hearing. The Library returned her to work only after ruling that
Ms. Iacullo should be demoted to Librarian as a disciplinary penalty.
In September 2000, she agreed to work as a Librarian in the New
Amsterdam Branch.
Local 1930 pressed for restoration of her lost pay and the leave
she exhausted as well as out-of-pocket medical expenses and attorney's
fees resulting from the library's contract violations. In the arbitration,
the union showed that the Library had completely ignored requests
for an accommodation from Ms. Iaccullo and the union and had no
valid basis for refusing to return her to work.
Mr. Polletta said the case establishes an employer's contractual
obligation to provide a reasonable accommodation to disabled employees,
in addition to the rights provided by disability discrimination
laws. The contract language that Local 1930 relied upon is also
in DC 37's citywide contract.
Ms. Iacullo said her experience shattered her original illusion
that the New York Public Library was a compassionate employer, but
she is happy with her new assignment. "Now I'm doing fine,"
Ms. Iacullo said. "The stress is gone, so I no longer have
headaches. I have a terrific supervisor and the staff is wonderful."
—Gregory N. Heires