July 16, 2011

Verizon to pay $20 million to settle EEOC disability lawsuit over attendance policy

Posted in Absenteeism, Attendance, Disability, Discrimination, Interactive Process, Job Abandonment, Leaves of Absence, Leaves of Absence, Reasonable Accommodation, Sick Leave tagged , , at 11:11 pm by Tom Jacobson

One size does not fit all when it comes to sick leave and attendance policies.  Verizon Communications recently learned that $20 million lesson in a nationwide disability discrimination lawsuit filed by the Equal Employment Opportunity Commission under the Americans with Disabilities Act.

At issue was Verizon’s “no-fault” attendance policy.   Under this policy, Verizon employees who accumulated “chargeable absences,” were placed on a disciplinary step, and that could eventually result in more serious disciplinary action, including discharge.  According to the EEOC, the problem was that when applying this policy, Verizon failed to make exceptions for employees with disabilities, and this lead to a failure to reasonably accommodate them under the ADA.

In the consent decree (which is still pending court approval), Verizon agreed to pay $20 million.  In addition, Verizon agreed to a number of other non-monetary concessions.  For example, Verizon agreed to revise its attendance policies, provide mandatory training on the ADA, post a notice about the settlement, appoint an internal consent decree monitor to ensure its compliance, and report to the EEOC about all employee disability discrimination complaints relating to the attendance policy or Verizon’s compliance with the consent decree.

The case illustrates that employers who are subject to the ADA must not overlook leaves of absence as a reasonable accommodation.  According to Spencer H. Lewis, Jr., Director of the EEOC’s Philadelphia District Office, “This [Verizon] settlement demonstrates the need for employers to have attendance policies which take into account the need for paid or unpaid leave as a reasonable accommodation for employees with disabilities.”  And, as noted by EEOC General Counsel P. David Lopez, “Hopefully this nationwide decree will further public awareness of the importance of engaging in an individualized interactive process to determine whether a disabled employee must be accommodated under the ADA.”

For more information about this article, see Verizon to Pay $20 Million to Settle Nationwide EEOC Disability Suit, or please contact me at taj@alexandriamnlaw.com.

The comments posted in this blog are for general informational purposes only. They are not to be considered as legal advice, and they do not establish an attorney-client relationship. For legal advice regarding your specific situation, please consult your attorney.

Copyright 2011 Swenson Lervick Syverson Trosvig Jacobson, PA

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