Italian Supreme Court: Employers Must Also Adopt Reasonable Measures In Favour Of Caregivers

In its judgment no. 9104 of 10 April, the Italian Court of Cassation ruled on the issue of anti-discrimination protection for caregivers employees, providing clarifications regarding regards employers’ obligations and the organisational measures they are required to consider.

The Court reiterated that discrimination on the grounds of disability may also take an indirect form against an employee who, although not disabled themselves, suffers unfavourable treatment due to the care and assistance they provide to a family member with a disability. From this perspective, the status of caregiver assumes autonomous relevance for the purposes of anti-discrimination protection.

The case brought before the Court concerned an employee, the mother of a child with a disability, who, in order to balance her work with her caregiving responsibilities, had requested a permanent assignment to a fixed morning shift.

The employee had also expressed her willingness to perform different duties, including those of a lower level.

During the employment relationship, however, the employee had been granted only temporary accommodations.

On this basis, the Court of Cassation held that the employer is required to carry out a concrete and effective assessment of the adoption of reasonable accommodations capable of enabling the reconciliation of work duties with the caregiving responsibilities of caregiver employees. By way of example, the Court referred to measures such as:

• adjustment of working hours;
• exemption from shift work;
• assignment to different duties, including those of a lower level.

Provided that such measures are compatible with the employer’s organisational structure and do not impose a disproportionate burden on the employer.

Finally, the Court provided important clarification with regard to the stability of accommodations. According to the Supreme Court, the use of purely temporary measures, where continued for an unreasonably long period, is not sufficient to exclude the discriminatory nature of the employer’s conduct, in the case of a permanent disability.