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