Accessibility Tools

Skip to main content

Jury Brings Back a $3 Million Verdict for Failure to Accommodate Remote Work

Written on .

One of the most common areas of litigation under the Americans With Disabilities Act (ADA) relate to workers who request to work remotely as a reasonable accommodation for some type of disability.  While employers appear to be winning a majority of these lawsuits, there are some notable exceptions.

In October, two dispatchers were each awarded $1.5 million in damages for being illegally denied telework arrangements for COVID-19 risks imposed by their disabilities.  The claims were brought under the ADA along with the New York State Human Rights Law and the New York City Human Rights Law.  The jury awarded each employee $1 million in punitive damages, along with various amounts for backpay and emotional distress.  The key issue before the jury was whether in-person attendance was an essential job function of the plaintiffs’ role as dispatchers.  Russo v. Nat’l. Grid, U.S.A., No. 1:23-cv-03954 (E.D. N.Y. verdict entered 10/14/25).  The jurors found that the employer failed to show how their requests caused undue hardships for the company.  

    This article is part of our November 2025 Newsletter. 

    View the newsletter online

    Download the newsletter as a PDF

    Get Email Updates

    Receive newsletters and alerts directly in your email inbox. Sign up below.
    Palmyra, Syria
    On Thursday, June 25, 2026, the Supreme Court ruled that federal courts cannot review any determination of the Secretary of Homeland Securi…
    thermometer
    Although there is no federal Occupational Safety and Health Administration (OSHA) heat rule, OSHA still issues heat citations under its Gen…
    Marijuana
    On April 23, 2026, a final Order was issued reclassifying FDA-approved medications that contain marijuana authorized pursuant to a state an…
    white house lawn
    There has been a lot of confusion about the 2026 filing of EEO-1 reports, also known as Standard Form 100.  According to a notice of an EEO…
    ai robot, table
    In last month’s newsletter, we discussed a federal case from New York which held that an individual’s artificial intelligence-generated doc…
    ai visualization
    Employers are struggling with how to handle trans-sexual employees who choose to use the bathroom of their gender choice, rather than their…