In the largest disability discrimination settlement in U.S. Equal Employment Opportunity Commission history, Verizon Communications has agreed to pay $20 million to hundreds of employees. The settlement resolves allegations that the company violated the Americans With Disabilities Act by implementing an unlawfully rigid attendance policy.
Verizon denied reasonable accommodations to employees and disciplined and/or fired them pursuant to its “no fault” attendance plans, according to an EEOC press release. It refused to make exceptions for employees with disabilities, disciplining anyone who had accumulated a certain number of absences, regardless of the reason.
The ADA, which requires reasonable accommodations for individuals with disabilities, specifically directs employers to consider leave beyond that usually granted to employees. “[A]n inflexible leave policy may deny workers with disabilities a reasonable accommodation to which they’re entitled by law – with devastating effects,” said Jacqueline A. Berrien, chair of the EEOC.
In addition to the monetary relief, the agreement requires Verizon to revise its attendance policies to include reasonable accommodations for employees with disabilities. The company also must provide training to employees responsible for administering its attendance plans.
The commission said that this settlement demonstrates the need for employers to have attendance policies that take into account the need for leave as a reasonable accommodation, and Jon Hyman, a partner at Kohrman Jackson & Krantz, said he couldn’t agree more. On his Ohio Employer’s Law Blog, Jon recommends calling your employment counsel if you’re considering disciplining an employee whose medical leave is causing them to violate your attendance policy.