EDD shows that patience pays off in reasonable accommodation cases

Employers that are sued for disability discrimination and failure to provide reasonable accommodations or engage in the interactive process often face a Hobson's choice: Endure the inherent risks and uncertainties of a jury trial, or be held hostage to the unreasonably high settlement demands employees' lawyers make when an employer telegraphs its fear of the jury trial process. You can avoid that predicament if you can win a "summary judgment" motion—i.e., a request that the court rule in your favor because there are no facts in dispute and you should win the case without a trial.

A recent lawsuit filed by a disgruntled employee of the California Employment Development Department (EDD) concluded with an unpublished decision from the California Court of Appeal affirming the trial court's summary judgment ruling in favor of the employer. The employer's success story shows how patience and attentiveness to employee accommodation requests are a strategy for success.

Facts

An employee of the EDD since 2001, W. Regina White suffers from fibromyalgia and debilitating chronic pain, fatigue, and migraines. The EDD granted her accommodation requests beginning in 2003, allowing her to come in late, take time off, make up the time she missed, and take breaks.