According to the Equal Employment Opportunity Commission (EEOC), Verizon Communications Inc. has agreed to pay $20 million to resolve a nationwide class disability discrimination lawsuit involving their “no fault” attendance plans. According to the EEOC, this is the largest disability discrimination settlement in a single lawsuit in their history. 
 
After 24 Verizon subsidiaries unlawfully denied reasonable accommodations to hundreds of union employees and disciplined and/or fired them under its “no fault” attendance plans, the EEOC charged the New York City-based company violated the Americans with Disabilities Act. 
 
The EEOC said that under Verizon’s attendance plans, if a worker received a certain number of “chargeable absences,” he or she was put on a disciplinary step that could result in more serious consequences. The EEOC said instead of giving reasonable accommodations for workers with disabilities, the company either disciplined or fired them.

In a written statement, EEOC chair Jacqueline Berrien said “An inflexible leave policy may deny workers with disabilities a reasonable accommodation to which they’re entitled by law—with devastating effects.”
 
In a written statement, Verizon said it agreed to settle the complaint “solely because it is in the best interest of our company, our employees and our customers to avoid the disruption, delay and expense of protracted litigation. Verizon also said it complies with all employment laws “and in fact has not in this case conceded any violation of those laws.”
 
The lawsuit was filed and settled in federal court in Baltimore, Maryland on the same day. It is still subject to judicial approval.
 
This past March, the EEOC released regulations on what qualifies as a disability and what constitutes adequate protection of people under the Americans with Disabilities Act Amendments Act of 2008.
 
Modern Business Associates is an HR company that focuses on payroll and HR outsourcing. We routinely work with clients on employment laws. As a Professional Payroll and HR outsource organization, our clients rely on us to help them effectively deal with these kinds of topics.