You’re likely reading a lot of stories about how an employer got in trouble for failing to engage in the “interactive process” following an employee’s request for a disability accommodation. Here’s the story of one employer that did everything right — and won in court.
The case involved Cynthia Davey, who was diagnosed with multiple sclerosis (MS) a year before she was promoted to manager of an AT&T store in Michigan. Davey was expected to work 48 to 56 hours a week including evenings, weekends, holidays and OT.
However, a year after being promoted, Davey’s MS symptoms acted up and she took medical leave. She then submitted a restriction from her doctor saying she couldn’t work more than 40 hours a week and could not be on her feet for more than eight hours a day.
Her employers did everything they could to accommodate Davey’s request, including allowing her to use a wheelchair at work.
AT&T’s HR staff worked to find a long-term solution, but after much discussion, officials concluded that a manager simply couldn’t do the job in just 40 hours.
In a memo to Davey, an HR rep wrote: “As you know being a manager, there are several instances when we do work way above and beyond our 50-60 hour work week … Given your title/position, there is no way we can ever guarantee a 40-hour work week.”
The company gave Davey 30 days to find a new position in the company. When she wasn’t able to do so, she was let go.
Davey sued, claiming the firm violated the ADA by not accommodating her, but the court said no way – it was clear that AT&T did all it could to accommodate Davey.
Cite: EEOC v. AT&T Mobility Services. To read the full court decision, go here.
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