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

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. 

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