Italian Supreme Court: the caregiver is entitled to reasonable accommodation

By judgment No. 9104/2026, published on 10 April 2026, the Labour Division of the Italian Supreme Court — in line with the ruling of the Court of Justice of the European Union, which had been referred to for a preliminary ruling — established the principle whereby an employee who is a so-called caregiver, i.e. a person who provides assistance to a family member with a disability, is also entitled to the reasonable accommodations provided for by Art. 5 of Directive (EC) 2000/78 (the “Directive”). As a result, the failure by the employer to adopt organizational measures suitable to enable the employee to provide assistance to a child with a disability constitutes a form of indirect discrimination.

The reasoning of the Supreme Court is grounded in an extensive interpretation of the Directive, traditionally applicable only to the employees with disabilities, now extended to people closely connected to people with disabilities for whom they provide care.

It should be noted, however, that the right of the caregiver is not absolute, and must instead be balanced against the financial and operational needs of the business. In any event, the burden of proving that it has adopted organizational acts constituting reasonable accommodations, or that it is unable to do so because they would impose an undue burden, lies with the employer.

The Supreme Court further specifies that conduct on the part of the employer which, in order to address the difficulties in continuing working life raised by the caregiver as a consequence of the care obligations incumbent upon him or her, adopts – over an unreasonably long period of time – measures of a provisional and non-definitive nature, constitutes indirect discrimination by the employer against the caregiver.

To access the decision, click here.