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Telework as a Right, Not a Privilege: National Grid’s $3.1M Payout Sets New Precedent for Disabled Workers

Last updated: October 27, 2025 10:29 pm
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Telework as a Right, Not a Privilege: National Grid’s .1M Payout Sets New Precedent for Disabled Workers
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In a landmark decision impacting the future of remote work, National Grid faces a $3.1 million penalty after a Brooklyn jury ruled its refusal to allow disabled former employees to work from home violated federal, state, and city human rights laws, establishing a crucial precedent for workplace accommodations.

A Brooklyn jury has delivered a resounding message to employers nationwide, ordering utility giant National Grid to pay a total of $3.1 million to two former emergency-gas dispatchers for unlawfully denying their requests to continue working remotely after the COVID-19 pandemic. This pivotal verdict, issued on October 10, 2025, in federal court, marks a significant moment for disability rights, potentially establishing telework as a “fair and reasonably protected accommodation” under the Americans with Disabilities Act (ADA).

The Case Unpacked: A Timeline of Remote Work and Denial

The core of the dispute revolved around two long-term National Grid employees, Luciano Russo and George Messiha, both emergency-gas dispatchers with significant health issues. During the peak of the COVID-19 pandemic in March 2020, National Grid, like many companies, transitioned all its dispatchers to remote work, providing them with necessary equipment like laptops and mobile phones. The workers’ federal suit, filed in 2023, even claimed their productivity increased during this period while managing critical gas emergencies.

However, as the pandemic subsided, the company began to shift its policies. In July 2021, National Grid adopted a hybrid schedule. By June 2022, Russo and Messiha were informed that their requests to continue working from home, which they argued were essential to managing their medical conditions, would no longer be granted.

  • Luciano Russo, employed since 2002, suffers from serious back problems, diabetes, and gastro-intestinal issues.
  • George Messiha, who joined in 1993, had hip surgery, experiences chronic back pain, and walks with a limp.

Facing the denial of remote work, both plaintiffs stated they were compelled to go on paid medical sick leave. Adding to their distress, National Grid ceased their payments in early 2023, reclassifying them as “sick-no pay” employees, according to the lawsuit.

National Grid violated the Americans with Disabilities Act, according to a federal court’s Oct. 10 ruling. Christopher Sadowski
A federal court’s October 10 ruling concluded that National Grid violated the Americans with Disabilities Act.

The Heart of the Matter: Disability Accommodation and Undue Hardship

The verdict hinged on the interpretation of the Americans with Disabilities Act (ADA), which mandates employers to provide “reasonable accommodations” for qualified individuals with disabilities unless doing so would cause “undue hardship” to the business. The jury found that National Grid failed to prove that allowing Russo and Messiha to continue their telework arrangements would constitute such an undue hardship.

Arthur Schwartz, the attorney for the plaintiffs and General Counsel for the Center for Independence of the Disabled in New York, highlighted a crucial aspect of the trial. He noted that National Grid’s lawyer suggested the plaintiffs were not “really disabled” and were merely seeking “personal privilege.” Schwartz strategically used this statement to “rile up the jury,” emphasizing how large employers often view disabled workers. This sentiment underscores the persistent challenges many individuals with disabilities face in the workplace, as reported by outlets like the New York Post.

The Equal Employment Opportunity Commission (EEOC), which enforces the ADA, provides extensive guidance on what constitutes a reasonable accommodation, often including modifications to work schedules or job restructuring to enable an individual with a disability to perform the essential functions of their job. The ability to perform a job remotely, particularly after a successful period of remote work during the pandemic, clearly played a significant role in the jury’s decision regarding reasonable accommodation versus undue hardship, as clarified by official EEOC guidelines.

The plaintiffs claimed they couldn’t manage with medical conditions unless they worked remote. LightRocket via Getty Images
The plaintiffs asserted their inability to manage their medical conditions effectively without the flexibility of remote work.

Financial Implications and Justice Served

The jury’s award against National Grid was substantial, reflecting both the punitive nature of the denial and the distress caused to the former employees. Each plaintiff was awarded $1 million in punitive damages, totaling $2 million. Additionally, the company was directed to provide back pay and compensation for “emotional distress.”

In a detailed breakdown of the verdict, Luciano Russo was awarded a total of $1.56 million, while George Messiha received $1.55 million. These figures underscore the serious legal and financial consequences for companies that fail to meet their obligations under disability and human rights laws.

Arthur Schwartz, attorney for the plaintiff and the general counsel for the Center for Independence of the Disabled in New York. Steven Hirsch
Arthur Schwartz, attorney for the plaintiff, articulated the importance of the verdict as a warning to employers.

National Grid’s Stance and Future Actions

Following the verdict, National Grid issued a statement expressing strong disagreement with the jury’s 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,” the company stated. This indicates a potential appeal or further legal challenges, suggesting the saga may not be over.

The company’s emphasis on “safety of our operations” likely refers to the nature of emergency-gas dispatch work, an argument that the jury ultimately did not find compelling enough to constitute an “undue hardship” for remote accommodation.

National Grid dispatchers were allowed to work remote at the height of the COVID-19 pandemic. LightRocket via Getty Images
During the height of the COVID-19 pandemic, National Grid dispatchers, including the plaintiffs, successfully worked remotely.

The Broader Ramifications: Remote Work in a Post-Pandemic World

The National Grid verdict arrives amidst an ongoing debate about the future of work. The pandemic undeniably spurred a “revolution in the work place,” normalizing remote and hybrid models for many industries. While some firms continue to embrace these flexible arrangements, others, including powerful business titans, are pushing for a full return to the office, as reported by the New York Post.

This case, however, elevates the conversation beyond employer preference or general productivity concerns, bringing it firmly into the realm of civil rights. The jury’s rejection of the “personal privilege” argument for disabled workers seeking telework accommodations could empower countless others. It suggests that if an employee can perform essential job functions remotely, especially if proven during a public health crisis, denying that flexibility to accommodate a disability may be deemed unlawful discrimination.

Emergency-gas dispatcher George Messiha filed suit to continue his telework schedule. LinkedIn
George Messiha, an emergency-gas dispatcher, was one of the two plaintiffs who pursued legal action to maintain his telework schedule.

Why This Verdict Matters

This Brooklyn federal court ruling serves as a powerful reminder to employers about their obligations under the ADA. As Arthur Schwartz aptly put it, “They better look at this verdict and think twice.” The decision reinforces that:

  • Telework can be a legitimate reasonable accommodation: This case broadens the understanding of workplace flexibility as a protected right for disabled workers.
  • “Undue hardship” is a high bar: Employers must provide substantial evidence that remote work truly burdens their operations, especially if they previously allowed it.
  • Disability rights are not a “privilege”: The verdict challenges the perception that accommodations are special favors rather than legal entitlements.

For disabled workers, this judgment is a beacon of hope, providing a legal precedent that may make it easier to secure flexible work arrangements necessary for their well-being and productivity. It reaffirms the principle that the evolving nature of work should enhance, not diminish, the rights of all employees.

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