In a recent lawsuit, Wells Fargo was ordered to pay more than $22 million to a former securities managing director after he was laid off after requesting disability accommodations. In the case, Billesdon v. Wells Fargo Securities, Inc., the employee’s disability needs prompted him to request continued work-from-home accommodations after pandemic restrictions ended and employees were requested to return to the office. His managers refused and later terminated the employee’s role. In this case, the jury determined that Wells Fargo was liable for failing to provide reasonable accommodation and unlawful retaliation.
“He was awarded $6 million in compensatory damages for back pay and $14 million for future lost earnings. The jury awarded $100,000 for emotional distress, $1 million for punitive damages under the ADA, and $1 million under N.C. state law.”
This case is a stern warning for all employers that ADA accommodation requests must be taken seriously. The ADA requires employers to provide reasonable accommodations for workers with disabilities and prohibits discrimination based on disability. Instead of resisting accommodation requests, if the appropriate accommodation is not obvious, employers should view ADA accommodation requests as a flexible, interactive process to arrive at the best outcome for the employee and the employer. A rigid and retaliatory approach only serves to land companies in a contentious, public, and expensive legal battle.
Our members can read more about compliance and enforcement actions here.
If you aren’t already subscribed to our complimentary ESG blog, sign up here for daily updates delivered right to you.
