National Grid Pays $3M to Disabled Ex-Employees

In a significant victory for disability rights in the workplace, a Brooklyn federal jury has ordered National Grid to pay approximately $3.1 million to two former employees. The utility company denied their requests to continue working from home, despite evidence that their productivity remained high.

Denied Remote Work, Denied Rights

The two former dispatchers, Luciano Russo and George Messiha, argued that their work-from-home arrangements during the COVID-19 pandemic were not only successful but also necessary due to their health conditions. Russo suffers from severe back problems and diabetes, while Messiha had undergone hip surgery and relies on a cane. Despite their proven ability to perform their jobs effectively remotely, National Grid ended its remote work policy for New York employees in June 2022.

The jury’s verdict on October 10th found that National Grid violated the Americans with Disabilities Act (ADA), as well as New York City and state human rights laws, by refusing to provide reasonable accommodations for Russo and Messiha. The company’s stance was seen as discriminatory against disabled workers.

A Substantial Award and a Warning

The jury awarded Russo $1.56 million and Messiha $1.55 million. This substantial sum includes roughly $1 million in punitive damages for each employee, intended to punish the company for its unlawful actions and deter future misconduct. Their lawyer, Arthur Schwartz, who also serves as general counsel for the Center for Independence of the Disabled in New York, issued a stern warning to other employers.

Employers, mainly large ones, do view disabled workers as a group seeking privilege, just like [National Grid’s] lawyer said. They better look at this verdict and think twice. — Arthur Schwartz, Lawyer for the Plaintiffs

Schwartz highlighted that some employers wrongly perceive disabled workers as seeking unfair advantages, urging them to reconsider this perspective in light of the verdict.

National Grid’s Response and Precedent

National Grid has stated that it ‘strongly disagrees with the verdict’ and intends to ‘pursue the matter further.’ The company maintains that its decision was necessary to ensure the safety and efficiency of its operations. However, employment law experts suggest this ruling could set a significant precedent.

The verdict may reinforce the idea that remote work can be considered a reasonable accommodation under the ADA, especially when an employee’s performance remains consistent or improves while working from home. Companies are now being reminded that they must conduct individualized assessments and provide justifiable reasons when denying accommodation requests, rather than relying on broad assumptions about in-person work being essential.

• Two former National Grid employees, both disabled, were denied remote work.
• A jury awarded them $3.1 million in damages.
• The company was found to have violated the ADA and state/city human rights laws.
• The verdict includes punitive damages, signaling a strong rebuke of National Grid’s actions.
• The ruling may establish remote work as a potential reasonable accommodation under the ADA.