Brooklyn Jury Rules in Favor of Workers with Disabilities Against National Grid
A jury in Brooklyn has decided that National Grid must compensate two former employees a total of $3.1 million after they faced health issues and were denied the option to continue working remotely post-pandemic.
The utility company, serving millions in New York, was found to have breached the Americans with Disabilities Act, along with local human rights statutes, by not allowing Luciano Russo and George Messija to work from home to help manage their medical conditions. This ruling, made on October 10 in federal court, could potentially set a new precedent regarding telework as a reasonable accommodation under the law.
Arthur Schwartz, who represented the plaintiffs and is general counsel for the New York Center for Disability Independence, remarked, “Employers, especially large ones, tend to see disabled workers as a privileged group.” He suggested that companies should heed this verdict and reconsider their stances.
Initially, during the peak of the COVID-19 outbreak in March 2020, National Grid permitted all dispatchers, including Russo and Messija, to work from home, providing them the necessary tools like laptops and cell phones. A federal lawsuit filed in 2023 asserted that productivity improved during remote work, especially when responding to emergencies such as gas leaks.
However, in July 2021, as circumstances changed, NG shifted to a hybrid model. By June 2022, the company informed Russo and Messija that their requests to continue working remotely were denied.
Russo, who has been with the company since 2002, deals with severe back issues, diabetes, and gastrointestinal problems. Meanwhile, Messiha, employed since 1993, has had hip surgery and suffers from lower back pain, affecting his mobility.
Both men stated in the suit that they were compelled to take paid sick leave when they weren’t allowed to keep working from home. The company eventually ceased their pay in early 2023, categorizing them as “sick and unpaid” employees.
The jury’s decision included an order for NG to pay Russo and Messija a total of $1 million in punitive damages, alongside back pay and compensation for “emotional distress,” resulting in Russo receiving $1.56 million and Messiha $1.55 million.
The jury concluded that National Grid did not successfully demonstrate that allowing these employees to work remotely would create an “undue hardship.” The trial lasted five days in front of Judge Natasha Merle.
Interestingly, Schwartz noted that the attorney for NG claimed the plaintiffs weren’t truly disabled and were merely seeking ‘personal privileges.’ He mentioned that this comment was used strategically to evoke a reaction from the jury.
As for National Grid’s legal team, they opted not to comment on the verdict.
The evolution of remote work continues to reshape the workplace, with many organizations adopting hybrid schedules. Some positions are entirely remote, while others find value in having employees physically present in the office.
