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Most employers
today know that the Americans with Disabilities Act (the “ADA”) requires
employers to provide “reasonable accommodations” to employees who
qualify as disabled within the meaning of the ADA to enable those
disabled employees to continue to perform the “essential functions” of a
job. An employer must provide any necessary accommodation so long as it
does not impose an “undue hardship” on the employer’s business, which
has been defined to mean something requiring “significant difficulty or
expense when considered in light of factors such as an employer’s size,
financial resources, and the nature and structure of its operation.”
(from the EEOC’s website).
Earlier this
month, a jury in Maryland awarded a profoundly deaf employee $108,000 in
damages for his employer’s failure to accommodate. The EEOC brought the
suit against the deaf employee’s employer, Federal Express. The
employee had repeatedly requested American Sign Language interpreters,
but had not received them. A jury awarded the plaintiff $8,000 in
compensatory damages and $100,000 more in punitive damages for what it
considered to be Federal Express’ knowing failure to accommodate the
plaintiff’s disability. Although for some employers an $8,000
accommodation might constitute “undue hardship,” the jury apparently
found that Federal Express’ size and financial resources were sufficient
to absorb the cost and make the employee’s request for American Sign
Language interpreters a reasonable accommodation.
The recent
verdict against Federal Express should serve as a reminder to other
employers of the extent of the duty to accommodate a disabled employee.
If an employee makes you aware of a disability within the meaning of the
ADA, be sure to engage in a dialogue with that employee about what
accommodations could be made to enable the employee to perform his/her
job. Do not underestimate your duty to accommodate a disabled
employee—just because a proposed accommodation sounds expensive or
difficult does not mean it should not be explored. As this case
highlights, a punitive damages award down the road can cost
significantly more.
For questions
about this Employer Alert, the Americans with Disabilities Act or any
other employment law question, please contact
Bryn Wilson at
bwilson@poynerspruill.com or
Susie Gibbons at
783-2813 or
sgibbons@poynerspruill.com. |
