Bank of America settles disability bias lawsuit over remote work

Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.

Update:

• Plaintiff Rhonda Rose and Bank of America told a federal court in North Carolina they have come to an agreement to settle a lawsuit alleging the company retaliated against Rose for filing a complaint with the U.S. Equal Employment Opportunity Commission (EEOC).
• Terms of the settlement were not disclosed, but a full settlement with a request to dismiss the lawsuit with prejudice is expected to be sent to the court by Oct. 5.
• Rose alleged Bank of America violated the Americans with Disabilities Act and Age Discrimination in Employment Act by refusing to grant her short-term disability leave in January.

---

Bank of America lawsuit overview:

• Who: Plaintiff Rhonda L. Rose has filed a lawsuit against Bank of America Corp.
• Why: She says the bank violated the Americans with Disabilities Act and retaliated against her for filing a claim with the EEOC.
• Where: The Bank of America lawsuit was filed in North Carolina federal court.

---

(May 2, 2023)

Bank of America Corp. retaliated against an employee for filing a complaint with the U.S. Equal Employment Opportunity Commission (EEOC), according to a Bank of America lawsuit filed April 26 in North Carolina federal court.

Plaintiff Rhonda L. Rose says she began working for Bank of America as a mortgage loan consultant in 2007. Her job title changed several times over the years even though her responsibilities remained mostly the same, according to the Bank of America lawsuit.

In 2018, Rose says she requested a reasonable accommodation to not make recorded sales calls due to her anxiety, and the human resources department approved her request, the Bank of America lawsuit says.

Rose renewed her request for reasonable accommodation for her disability annually, and she says her requests were consistently approved.

When Rose told her manager she intended to retire in March 2019, her manager allegedly asked Rose if she would continue to work if she were allowed to work remotely. Rose says she agreed to continue working remotely for Bank of America.

Bank of America lawsuit says bank violated ADA and retaliated against plaintiff

In February 2022, Rose’s new manager informed her that she would need to request an accommodation to continue working remotely. A few months later, a regional executive reportedly requested a copy of her accommodation regarding making recorded sales calls, which had expired.

Rose says she has submitted a renewal request but Bank of America reportedly ignored the request to be excluded from making recorded sales calls and rescinded her accommodation to work from home. 

After being given several options, Rose decided to work without accommodations and would begin a leave of absence July 1, 2022.

In December 2022, Rose says she applied for short-term disability, which was discontinued in January.

In January, Rose reportedly filed a charge of discrimination alleging Bank of America violated the Americans with Disabilites Act and Age Discrimination in Employment Act by refusing to grant her short-term disability leave.

She is on an unpaid leave of absence, according to the lawsuit.

“In retaliation for plaintiff’s complaint, defendant has continued to ignore her request for a reasonable accommodation which has left plaintiff on an extended unpaid leave of absence,” the Bank of America lawsuit alleges.

Bank of America has recently been targeted with a number of lawsuits alleging it misleadingly marketed PPP loans, made unauthorized Zelle withdrawals, and negligently allowed Zelle to suffer a glitch.

What do you think about this Bank of America lawsuit? Join the discussion in the comments.

Rose is represented by Walter L. Bowers Jr. of Wooden Bowers PLLC.

The Bank of America lawsuit is Rhonda L. Rose v. Bank of America Corp., Case No. 3:23-cv-00242, in the U.S. District Court for the Western District of North Carolina, Charlotte Division.

---

---

Read About More Class Action Lawsuits & Class Action Settlements:

• Tesla to pay $3.2M to former worker who endured racially hostile work environment
• W.B. Mason sales commissions $5.65M class action settlement
• Jewel-Osco data breach potentially affects thousands of employees
• UPS class action claims company does not pay reservists for short-term leave