Pennsylvania Public Utility Commission ordered to pay more than $71,000 in disability discrimination case

Harrisburg, PA – The Pennsylvania Human Relations Commission (PHRC) has ordered the Pennsylvania Public Utility Commission (PUC) to pay a lump sum of $71,560.42 and continue to the pay the complainant lost wages for up to one year, in an employment discrimination case. This case was dual filed with the PHRC and the U.S. Equal Employment Opportunity Commission (EEOC).

PHRC determined PUC discriminated against the complainant based on their disabilities by failing to provide a reasonable accommodation of full-time telework and by making working conditions so intolerable that the complainant was forced to resign.

A public hearing was held October 16 and 17, 2024 in Dauphin County. The complainant participated virtually. The complainant was represented by PHRC Assistant Chief Counsels Stacy McNaney, Esq., and Kierstyn Marcucci, Esq., and PHRC Deputy Chief Counsel Morgan Williams, Esq. PUC was represented by Michael McAuliffe Miller, Esq., Renee Mattei Montgomery, Esq., and Theresa Davis, Esq.

"This decision reaffirms the Pennsylvania Human Relations Commission's commitment to protecting the rights of employees with disabilities,” said PHRC Executive Director Chad Dion Lassiter, MSW. “Employers have a legal and moral obligation to provide reasonable accommodations, and those that fail to do so will be held accountable under the law. We stand firm in our mission to ensure workplaces across the Commonwealth are free from discrimination."

In its final order of February 24, the Commission ordered:

1. PUC to pay the complainant a lump sum amount of $71,560.42, which represents mitigated lost earnings, lost retirement benefits, and 6 percent interest.
2. PUC to pay the complainant lost wages at the rate of $930 per week, less gross interim earnings reported by the complainant, from the date of their order and continuing for a period of one year.
3. the complainant to file semi-annual reports to PUC indicating the gross amount of earnings made during the previous six-month period, for a period of one year. If the amount the complainant earned is less than what they would have earned as an employee of PUC, PUC shall pay the amount of gross earnings they would have earned with PUC minus their gross earnings during the relevant six-month period.
4. The complainant to continue making good faith efforts to secure employment in mitigation of the damages.
5. PUC to cease and desist from denying reasonable accommodations to employees with disabilities and from otherwise discriminating against employees with disabilities.
6. PUC to attend mandatory training provided by the PHRC or by an entity approved by the PHRC.
7. PUC to implement policies requiring individualized assessments of the essential functions of a position prior to denying requests for reasonable accommodations.

"This ruling sends a clear message that employers must uphold their obligations under the law to provide reasonable accommodations to employees with disabilities,” said PHRC Chief Counsel Sandra Crawford. “The Commission’s decision reinforces the importance of individualized assessments and fair treatment in the workplace. We will continue to advocate for those whose rights have been violated and ensure that justice is served."

The PHRC, the state’s civil rights enforcement agency, urges anyone who has experienced acts of discrimination to file a complaint by calling 717-787-4410.  Information and resources are also available on the PHRC website. Follow the PHRC on X, Facebook, Instagram, LinkedIn, and YouTube, and subscribe to our monthly newsletter.     

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