RAYMOND Adame was a machine mechanic for Alcoa Fastening Systems and has worked there for more than 30 years. He was seriously injured at work and had to take a medical leave of absence for about 2.5 years. When he was cleared to go back to work, he had lifting restrictions due to the injury to his arms. He had requested the employer to be placed on a job that would accommodate his restrictions.
However, even though there were several different jobs that were available that Adame could have performed, the employer told him that they had no vacant positions for him. They then placed him on the task of sorting parts. Adame was told by a manager, “We don’t have to take you back to work because you have disabilities, you have to be 100 percent healthy to work for Alcoa, that is our corporate policy.” A few days after his return to work, Adame was fired.
Adame sued the employer for wrongful termination based on disability discrimination, failure to accommodate, failure to engage in the interactive process, and retaliation. Adame also alleged disability harassment.
The employer countered that Adame’s disability was accommodated by the company and that he was not actually fired but was placed back on leave. Later, when the employer offered him a suitable position, the employer claimed that Adame did not respond to the job offer.
After 10 days of trial, a Los Angeles jury returned a verdict in favor of the employee, awarding him $800,000 in past mental suffering, $400,000 for future mental suffering, $208,915 in past lost earnings and $130,572 in future lost earnings, for a total damages award of $1,539,487.
An employee suffering from a disability or medical condition is entitled to reasonable accommodation. Allowing temporary leave, a transfer, or a re-assignment may constitute reasonable accommodation. Additionally, the law entitles the disabled employee to “preferential consideration” in reassignment of existing employees.
For employees with work restrictions, the proper standard is not whether they are “100 percent healthy to work” but whether they are able to perform the essential tasks of the job. If they are able to perform these essential tasks, then the employer should provide reasonable accommodation.
If the disabled employee was terminated, even though he or she could have performed the job with reasonable accommodation, the employer’s conduct may be wrongful. The employee, who sues for wrongful termination and prevails, may be entitled to the following: reinstatement, back pay, loss of future earnings, damages for emotional distress, punitive damages, and attorneys’ fees and costs in certain instances.
The obligation to make reasonable accommodation is intended to remove barriers to equal opportunities for disabled individuals. Employers must therefore remain sensitive to this obligation and must not deny disabled persons employment opportunities because of their disability or medical condition. However, despite abundant information available regarding disability discrimination laws, some employers continue to flout the law. This blatant disregard may result in serious, and expensive, consequences for errant employers.
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The Law Offices of C. Joe Sayas, Jr. welcomes inquiries about this topic. All inquiries are confidential and at no-cost. Atty. Sayas’ Law Office is located at 500 N. Brand Blvd. Suite 980, Glendale, CA 91203. You can contact the office at (818) 291-0088 or visit www.joesayaslaw.com.
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C. Joe Sayas, Jr., Esq. is trial attorney who has obtained several million dollar recoveries for his clients against employers and insurance companies. He has been selected as a Super Lawyer by the Los Angeles Magazine, featured in the cover of Los Angeles Daily Journal’s Verdicts and Settlements, and is a member of the Million Dollar-Advocates Forum.
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