Verizon agreed to pay $20 million dollars and ceasing using its no-fault attendance policy for  absences caused by impairments qualifying as disabilities under the ADAAA.  Whatever the size of Verizon’s Human Resources Department, it looks like its going to need to be a lot larger.

As part of the settlement with the EEOC, Verizon agreed that before it would charge ANY absence against an employee under its no-fault attendance policy, it would determine whether:

  • the employee has a mental or physical impairment that substantially limits one or more major life activities of such individual as defined by the ADA;
  • the employee’s absence was caused by a disability;
  • the employee, or someone else on the employee’s behalf, requested a period of time off from work due to a disability;
  • the employee’s absence have been unreasonably unpredictable, repeated, frequent or chronic;
  • the employee’s absences are expected to be unreasonably unpredictable, repeated, frequent or chronic;
  • Verizon could determine, from the request by or on behalf of the employee or through an interactive reasonable accommodation process, a definite or reasonably certain period of time off that the employee would need because of a disability; and
  • the employee’s need for time off from work poses a significant difficulty or expense for the business.

Let me say this again; Verizon agreed that it would investigate every single absence before it applies that absence against the employee under its attendance policy.  Don’t believe me, here is the link to the consent decree entered in the case.  (Consent Decree).

So, if you are a Human Resources professional in transition or looking for a transition, consider applying at Verizon; its going to need the additional help.

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