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Handling employee requests for employment-related accommodations under the Americans with Disabilities Act (ADA) is tricky business. A recent $22.1 million jury award in Billesdon v. Wells Fargo Securities, LLC underscores the potential legal risks surrounding ADA claims, and encourages employers to refresh their understanding of the ADA and requirements for reasonable accommodation.

Billesdon v. Wells Fargo Securities, LLC

On July 26, 2024, a federal jury awarded $22.1 million to a former Wells Fargo employee in a suit brought against the company in the Western District of North Carolina for alleged violations of the ADA. The suit stemmed from the company鈥檚 failure to accommodate and ultimate termination of an employee who had requested accommodation under the ADA. In anticipation of return-to-office requirements in late 2021, the plaintiff-employee sought accommodations to continue working remotely due to his disability. Wells Fargo management eliminated the plaintiff-employee鈥檚 role as part of a workforce reduction before the accommodations matter was fully resolved. The jury found that the company was liable under the ADA for terminating the employee because of his disability, failing to provide reasonable accommodation to him, and unlawfully retaliating against him.

What is the ADA?

The ADA was established in 1990 as a federal civil rights law protecting individuals from discrimination based on disability status. It applies to employers with 15 or more employees. The ADA expressly prohibits employers from 鈥渄iscriminat(ing) against a qualified individual on the basis of disability in regard to job application procedures, the hiring, advancement, or discharge of employes, employee compensation, job training, and other terms, conditions, and privileges of employment,鈥� according to U.S. code. Further, an employer鈥檚 failure to make 鈥渞easonable accommodations to the known physical or mental limitations of an otherwise qualified individual with a disability鈥� would constitute discrimination under the ADA absent limited hardship exceptions.

Employers鈥� responsibilities under the ADA

When an employee submits a request for a disability accommodation or an employee鈥檚 potential need for an accommodation becomes evident, employers are required to engage in the 鈥渋nteractive process鈥� to determine whether a reasonable accommodation exists that would allow the employee to perform the essential functions of their job position, and that would not present an undue hardship to the business.

Employers may typically request medical documentation from the employee鈥檚 health care provider to determine whether an employee has a disability for purposes of the ADA, and whether workplace accommodations are recommended. Although a health care provider鈥檚 recommendations are not dispositive as to whether a reasonable accommodation exists, they are instructive and should be used by employers to corroborate a purported disability and to evaluate the reasonableness of any requested accommodation.

What is a 鈥渞easonable accommodation?鈥�

Reasonable accommodations under the ADA are adjustments or modifications that enable an applicant or employee with a disability to perform the requirements of the job position. A reasonable accommodation might include adjustments to physical facilities used by employees, modified work schedules, the provision of readers or interpreters, or the modification of job duties. There is no exhaustive list of what might qualify as a suitable accommodation under the circumstances, nor is there a definitive line as to what is or is not reasonable.

The best practice is to assess the totality of the circumstances (including the disability at issue, the applicable medical documentation, the employee鈥檚 job duties, and other available information) to determine if an accommodation is available that will allow the employee to perform the essential functions of their job position. If there is an accommodation available, it needs to be granted in order to avoid significant legal risk.

What else do I need to know?

Employees who request a disability-related accommodation (whether it is granted or not) are in a protected class under both the ADA and similar Oregon state law. Accordingly, employers should be extremely careful about taking any adverse action against the employee (including demotion or termination) after the request is made, or after an employee takes any leave associated with the underlying disability. Leave from work, including leave that often also qualifies as protected under statutes such as the federal Family and Medical Leave Act (FMLA) and/or the Oregon Family Leave Act (OFLA), is a common reasonable accommodation and is also protected. Employers should also note that employees who are protected under the ADA (and statutes such as FMLA and OFLA) are typically entitled to return to their job position after returning from leave, with limited exception.

Takeaways

To avoid potentially costly litigation and to ensure compliance with the ADA, employers should institute policies and procedures that trigger the start of the interactive process when employees submit a request for accommodations under the ADA. Employers should take care to analyze the circumstances and the feasibility of the requested accommodations before reaching conclusions regarding an employee鈥檚 request and should always seek advice from counsel when the path forward from the interactive process is unclear.

Chris Morgan is a Barran Liebman LLP partner. He specializes in complex employment advice, strategy, and litigation. Contact him at 503-276-2144 or聽[email protected].

Lex Shvartsmann is a law clerk with Barran Liebman LLP. She partners with attorneys in client trainings, legal research, and drafts of employment policies and handbooks. Contact her at 503-276-2111 or聽[email protected].

The opinions, beliefs and viewpoints expressed in the preceding commentary are those of the authors and do not necessarily reflect the opinions, beliefs and viewpoints of the Daily Journal of Commerce or its editors. Neither author nor the 91视频 guarantees the accuracy or completeness of any information published herein.