No Accommodation for High Blood Pressure: Verizon Pays $115K

According to the American Heart Association, an estimated 122.4 million – or 47% – of U.S. adults have hypertension, more commonly known as high blood pressure. 

So statistically speaking, your company is likely to face some kind of employee request related to high blood pressure. For example, some employees may seek FMLA leave for hypertension. 

Others, like the employee in this case, might seek a reasonable accommodation under the ADA for their high blood pressure.

Here’s what happened that led to a six-figure payout.

Employee Seeks Accommodation for High Blood Pressure

A Verizon employee who worked in management suffered from high blood pressure. 

He said he asked his supervisor for a transfer to a field position or an alternate management position to accommodate his disability. He pointed out that the company had an open field position – and he had previously worked in the role before transitioning to management. 

Even so, Verizon didn’t let him compete for the job, the employee said. Instead, the company said he would have to resign and reapply for the position in six months.

The company didn’t offer him any other accommodations, the employee said. He also claimed that he was not offered any opportunities to compete for other vacant management roles. 

Ultimately, the employee said he was forced to quit to protect his health. He then filed a complaint with the EEOC.

Was It Disability Discrimination?

The EEOC filed an ADA lawsuit on the employee’s behalf.

In the agency’s view, the alleged conduct violated the ADA, which prohibits discrimination in the workplace based on an employee’s disability and requires employers to provide reasonable accommodations absent undue hardship. 

“The concept of reasonable accommodation is to keep the employee working,” EEOC Baltimore Field Office Director Rosemarie Rhodes said. “Verizon simply did the opposite.” 

EEOC Regional Attorney Debra M. Lawrence added, “This consent decree should send a clear message that inviting an employee to resign and then reapply for work six months later can never be a reasonable accommodation.”

Ex-Employee Gets 6-Figure Payout

Ultimately, Verizon agreed to settle the case. Under a 30-month consent decree, the company:

• Must pay $115,000 to the former employee
• Is prohibited from offering resignation and reapplication as an accommodation under the ADA
• Must provide ADA training – including a specific statement that resignation and reapplication is not a reasonable accommodation, and
• Is required to submit to EEOC monitoring.