Russo v. National Grid USA

MEMORANDUM & ORDER Plaintiffs Luciano Russo and George Messiha bring this action against National Grid, U.S.A. for failure to accommodate disabilities under the Americans with Disabilities Act of 1990 (“ADA”), 42 U.S.C. §12101; New York State Human Rights Law (“NYSHRL”), N.Y. Exec. Law §290; and New York City Human Rights Law (“NYCHRL”), N.Y.C. Admin. Code §8-107. The parties bring cross-motions for summary judgment.¹ For the reasons stated below, the cross-motions for summary judgment are DENIED. BACKGROUND A. National Grid and the COVID-19 Pandemic In March 2020, the State of New York issued a remote work mandate in response to the risks posed by the COVID-19 pandemic. Def. 56.1 135.² National Grid “eventually assigned all dispatchers to work from home” within the following month. Def. 56.1 138. Each dispatcher was issued a company laptop with requisite software. Def. 56.1 141. Supervisors remained assigned to work in person at the dispatching center in order to retrieve emergency gas leak call information from center printers. Def. 56.1 142. In 2021, dispatchers were assigned to hybrid remote and in-person schedules, with timing staggered for different dispatching roles. Def. 56.1

188-190. However, dispatchers returned to fully remote work when an employee working at the NYC Dispatching Center tested positive for COVID-19. Def. 56.1 191. In early 2022, with “virtually all” state COVID-19 lockdown rules lifted, National Grid required all dispatchers in New York to work in person at their assigned dispatching centers. Def. 56.1