Denial Of Disability Accommodation Prosecutions

1. EEOC v. Walmart Stores, Inc. (2014, Federal Court, California)

Facts: Walmart refused to accommodate an employee with severe arthritis who requested ergonomic equipment and adjusted work hours.

Charges: Violation of ADA – failure to provide reasonable accommodation.

Prosecution Argument: The Equal Employment Opportunity Commission (EEOC) showed that Walmart ignored repeated accommodation requests and failed to engage in an interactive process to find solutions.

Outcome: Walmart settled, paying $70,000 in damages and agreeing to implement ADA training and accommodation policies.

Significance: Reinforced that employers must actively engage in reasonable accommodation discussions.

2. EEOC v. Ford Motor Company (2015, Michigan)

Facts: A factory worker with hearing impairment requested sign language interpreters for mandatory safety meetings. Ford initially denied the request.

Charges: Violation of ADA, failure to provide reasonable accommodation.

Prosecution Argument: Documentation of requests, witness testimony, and expert reports showed that interpreters were readily available and not cost-prohibitive.

Outcome: Settlement included $150,000 in damages, provision of interpreters, and ongoing compliance monitoring.

Significance: Demonstrates that accommodation denial cannot be justified if it is reasonable and feasible.

3. United States v. University of Alabama (2016, Alabama)

Facts: The university failed to provide accessible dormitory housing for a student with mobility impairment. Requests for elevators and accessible rooms were repeatedly denied.

Charges: Violation of ADA Title II and Section 504 of the Rehabilitation Act.

Prosecution Argument: Evidence included internal emails showing administrators ignored accommodation requests despite federal guidance.

Outcome: Court ordered the university to retrofit dorms, provide accessible housing, and pay $200,000 in damages.

Significance: Established that public educational institutions are strictly liable for failing to provide accessible accommodations.

4. EEOC v. Verizon Communications (2017, New York)

Facts: Verizon denied remote work accommodations for an employee with chronic back pain. The employee requested telecommuting to manage her condition.

Charges: ADA violation – failure to provide reasonable accommodation.

Prosecution Argument: EEOC presented medical documentation and internal communications showing that remote work would not have caused undue hardship.

Outcome: Verizon paid $120,000 in damages and revised its remote work accommodation policy.

Significance: Modern accommodations may include flexible work arrangements in addition to physical modifications.

5. State of Illinois v. XYZ Apartments (2018, Illinois)

Facts: A tenant with a mobility disability requested installation of grab bars and a roll-in shower. The apartment management denied the requests.

Charges: Violation of the Fair Housing Act and state disability accommodation laws.

Prosecution Argument: Housing authority inspection and documentation of medical need proved that modifications were reasonable and necessary for accessibility.

Outcome: Court ordered installation of accommodations, $50,000 in damages, and civil penalties.

Significance: Housing providers must comply with accommodation requests unless undue financial or structural hardship can be proven.

6. EEOC v. FedEx Corporation (2019, Texas)

Facts: FedEx refused to provide a modified work schedule to a driver with diabetes requiring frequent blood sugar monitoring.

Charges: ADA violation – failure to provide reasonable accommodation.

Prosecution Argument: Evidence showed that allowing periodic breaks would not disrupt operations, and the company failed to engage in an interactive process.

Outcome: Settlement of $95,000 in damages and implementation of ADA compliance training.

Significance: Confirms that denial of even schedule modifications can constitute ADA violations.

Key Takeaways Across Cases

Legal Framework:

ADA Title I: Employment accommodations

ADA Title II & Section 504: Public entities and educational institutions

Fair Housing Act: Disability accommodations in housing

Reasonable Accommodation: Employers and service providers must engage in an interactive process and provide feasible modifications.

Evidence: Medical documentation, internal communications, witness testimony, and expert analysis of feasibility.

Penalties: Settlements and damages range from $50,000 to $200,000, with injunctive relief and mandatory policy changes.

Aggravating Factors: Repeated denial, failure to engage in interactive process, or discriminatory intent can result in higher penalties.

LEAVE A COMMENT

0 comments