Mark & Galusha, LLC, Employment Attorneys, East Orange and Newark, Essex County.

Disability Discrimination claim results in 20 Million Dollar Settlement with EEOC's help. While the Americans with Disabilities Acts defines a disability as "a physical or mental impairment that substantially limits a major life activity," each matter is considered on a case-by-case basis, and some forms of disability are only temporary.

Employers are required to provide appropriate and reasonable accommodations for their employees who suffer from disabilities. These accommodations can include something as basic office accessibility to time away from work to attend to medical needs.

Like many companies in New Jersey and the surrounding areas, Verizon instituted an attendance policy known as a "no fault" policy. The "no fault" attendance policy works by requiring that employees accrue or bank time prior to being entitled to time off. The alternative is to provide each employee with a "banked" number of days however, when the bank is depleted or the time off has exceeded the maximum requirement, a company may terminate an employee with "no fault" being placed on themselves. For individuals suffering from a disability, an attendance policy such as this can be divesting. 
As opposed to making appropriate accommodations for employees with disabilities and allowing them time off from work in order to address their medical needs, Verizon terminated these individuals for exceeding the maximum number of days allowed off under their "no fault" attendance policy.

In turn, suit was filed against Verizon in the Maryland District Court. The suit contained over forty charges which were filed with the EEOC against Verizon. Not only did Verizon agree to pay $20 million in monetary relief but the settlement also calls for Verizon to change their attendance policies to include reasonable accommodations for employees with disabilities. Verizon will also provide employee training regarding office policies which specifically include the Americans with Disabilities Act and how this impacts their time away from work. Further, Verizon agreed to appoint an internal monitor to ensure their compliance with the American with Disabilities Act and they will post a notice regarding the settlement reached.

If you feel that your company violated the Americans with Disabilities Act in anyway, please contact your local ADA attorneys, Mark & Galusha, LLC., at (908) 626-1001 or 973-440-2311, or simply tell us your story by clicking the "contact us" page. Mark & Galusha, LLC, are employment lawyers working in East Orange and Newark in Essex County.