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National Grid must pay a combined $3.1million to two former workers after a Brooklyn jury found the company broke federal and local disability laws by refusing their requests to continue working from home.
The verdict said the utility provider violated the Americans with Disabilities Act as well as state and city human-rights statutes. Jurors concluded the company failed to accommodate the medical needs of dispatchers Luciano Russo and George Messiha, who had asked to keep remote working after the pandemic to manage chronic health conditions.
Both men had worked remotely throughout the COVID-19 crisis, when National Grid allowed all dispatchers to operate from home using company-issued laptops and phones. The two said their productivity actually improved while handling emergency gas assignments during that period.
‘They better think twice’
Attorney Arthur Schwartz, who represented the pair and also serves as general counsel for the Center for Independence of the Disabled in New York, said the ruling could have wider implications.
“Employers, mainly large ones, do view disabled workers as a group seeking privilege, just like [National Grid’s] lawyer said,” Schwartz commented. “They better look at this verdict and think twice.”
The jury found National Grid’s actions caused financial loss and emotional harm, awarding $1.56million to Russo and $1.55million to Messiha. Each received $1million in punitive damages, with the remainder covering back pay and emotional distress.
Company failed to show ‘undue hardship’
National Grid had argued that allowing continued remote work would create an undue hardship for its operations. The jury rejected that defense after a five-day trial before Judge Natasha Merle in Brooklyn federal court.
Russo, who joined Brooklyn Union Gas (a National Grid subsidiary) in 2002, suffers from severe back problems, diabetes, and gastrointestinal issues. Messiha, employed since 1993, underwent hip surgery, experiences chronic pain, and walks with a limp.
Both were told in June 2022 that their requests to keep working remotely were denied. Forced onto medical leave, they were later reclassified as “sick-no pay” employees when payments stopped in early 2023.
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National Grid plans to challenge ruling
The company said it will contest the decision. “While we respect the jury process, we strongly disagree with this verdict and will be pursuing the matter further to ensure a just result for our customers that maintains the safety of our operations,” it said in a statement.
The outcome could prove influential for future workplace disputes, as it affirms that remote work may qualify as a reasonable accommodation under disability law when it does not hinder operations.
