• Skip to primary navigation
  • Skip to main content

HRMorning

  • FREE RESOURCES
  • PREMIUM CONTENT
  • HR DEEP DIVES
  • PODCASTS
    • VOICES OF HR
    • WOMEN’S LEADERSHIP TODAY
  • LOGIN
  • SIGN UP FREE
  • Employment Law
  • Benefits
  • Recruiting
  • HR Technology
  • Payroll
  • Management
  • Women’s Leadership
  • More
    • Talent Management
    • Performance Management
    • Leadership & Strategy
    • Compensation
    • Policy & Procedures
    • Wellness
    • Staff Departure
    • HR Career & Self-Care
    • Health Care
    • Retirement Plans
  • Employment Law

Accommodating the Claustrophobic Employee: Jury Issues $15K Verdict

Tom D'Agostino
By: Tom D'Agostino
  • Share on

About the Author

Tom D’Agostino is an attorney and legal editor who has more than 30 years of experience writing about employment law, disability law and education law trends. He earned his B.A. degree from Ramapo College of New Jersey and his J.D. from the Duquesne University School of Law. D’Agostino, who is a member of the Pennsylvania bar, is a past member of the American Bar Association’s Section of Individual Rights and Responsibilities and the Pennsylvania Bar Association’s Legal Services to Persons with Disabilities Committee. He has provided technical assistance in the production of segments for television’s ABC World News and 20/20, and he has been quoted in periodicals including USA Today. He is also a past contributing author of Legal Rights of Persons with Disabilities: An Analysis of Federal Law, which is a comprehensive two-volume treatise addressing the legal rights of people with disabilities. Tom is passionate about baseball and authentic Italian food. When not writing, he enjoys spending time with family.

Show Less
Last Updated: November 7, 2024
2 minute engagement
jury sides with employee

A jury ruled in favor of a claustrophobic employee who said his employer unlawfully neglected to reasonably accommodate his condition when it put him in an office with no window.

Robert Turco was a senior project manager for Zambelli Fireworks, which is a fireworks company in Pennsylvania. He has claustrophobia. Initially he worked in an office that had a window.

Move Raises Concerns

When Zambelli announced it was moving to a new building, Turco became concerned that his new office might not have a window.

He told the company president about his claustrophobia.

He said he needed an office with a window.

But the company president allegedly told him that he probably was not going to get one.

Zambelli then proceeded to take away half of his accounts, give him a poor performance review and ask him when he planned to quit, Turco said.

It fired him after he began working in the new windowless office.

Claustrophobic employee sues

He sued under the Americans with Disabilities Act (ADA), alleging wrongful termination, retaliation and refusal to accommodate.

Zambelli said Turco did not have a disability within the meaning of the ADA. It also insisted that he was unable to perform the essential functions of his job.

The matter went to a jury.

The jury ruled for him on his accommodation claim. It awarded him $15,000.

A Word About ‘Disability’

To proceed with an ADA claim, a plaintiff generally must show he has a substantially limiting impairment; a record of such an impairment; or the employer perceived him as having such an impairment.

In the early days following the passage of the law in 1990, employers seized upon a defense strategy that proved to be enormously successful: They told courts that the plaintiff’s claim could not proceed because his condition was not substantially limiting.

The strategy often enabled employers to avoid liability without ever having to address the question of whether their actions were discriminatory.

The tactic eventually led to the passage of the ADA Amendments Act of 2008, which now requires courts to interpret the meaning of “disability” more expansively under the ADA.

Before those amendments were passed, Turco would have had little chance of success on his claims. But with them, he was able to proceed to a favorable outcome at trial.

Filed under
  • Employment Law
  • Share on

Get the HRMorning Newsletter

With HRMorning arriving in your inbox, you will never miss critical stories on labor laws, benefits, retention and onboarding strategies.

  • This field is for validation purposes and should be left unchanged.
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form

Free Training & Resources

White Papers

New Technology: The Projected Total Economic Impact of Paycom’s Time Off Requests Featuring GONE

Provided by Paycom

Webinars

Employee Engagement: Strategies for Success With Seth Mattison

White Papers

10 HR Laws Employers Must Know

Provided by Asure

Webinars

The Future of HR? It’s Employees Doing Their Own Payroll

SPONSORED CONTENT

HR Technology

sponsored content
The Best AI Software for HR Automation

Courtesy of G-P

Talent Management

sponsored content
Powerful Employee Retention Strategies for 2025: How to Keep Your Best People

Courtesy of PEOPLEGURU

Benefits

Health Care

Wellness

sponsored content
Proven Results: 5 Ways Teladoc Health Chronic Condition Management Transforms HR Outcomes

Courtesy of TELADOC HEALTH

Further Reading

  • Employment Law
OSHA Backs Driver Who Reported Safety Issues

A truck driver was illegally fired for reporting legitimate safety issues, the Department of Labor (DOL) has determined. OSHA has o...

  • Employment Law
  • Work Location
New RTO lawsuit: Company cut bonus in half because employee worked from home

As the RTO wars continue, employers are pushing hard to get workers back into their cubicles, with some going so far as to “incentivizeâ€...

  • Employment Law
Race Bias Suit Produces $1.25M Payout: What Happened?

The EEOC announced that an employer it targeted in a race bias suit will pay $1.25 million and take other significant steps to end the liti...

  • Employment Law
Company documentation under a microscope: Fired employee’s lawsuit says form proved racial bias

For HR pros, it’s a long-standing principle that company documentation can make or break an employer in court. On one hand, solid docu...

  • Employment Law
Worker Death: OSHA Points Finger at Employer

A worker death led to a finding by the Occupational Health and Safety Administration (OSHA) that an employer should pay $177,453 in penalti...

  • Employment Law
‘Just suck it up’: How NOT to respond to a bias allegation

The EEOC claims in a newly filed lawsuit that an Idaho employer responded to a bias allegation by telling the reporting employee to “be t...

Get the latest from HRMorning in your inbox PLUS immediately access 10 FREE HR guides.

I WANT MY FREE GUIDES
HR Morning Logo
  • Facebook
  • Linked In
  • ABOUT HRMORNING
  • ADVERTISE WITH US
  • WRITE FOR US
  • CONTACT
  • Employment Law
  • Benefits
  • Recruiting
  • Talent Management
  • Performance Management
  • HR Technology
  • Leadership & Strategy
  • Compensation
  • Policy & Procedures
  • Wellness
  • Staff Departure
  • HR Career & Self-Care
  • Health Care
  • Retirement Plans
  • DEI

HRMorning, part of the Rover Insights Network, provides the latest HR and employment law news for HR professionals in the trenches of small-to-medium-sized businesses. Rather than simply regurgitating the day's headlines, HRMorning delivers actionable insights, helping HR execs understand what HR trends mean to their business.

Powered By Rover Insights
Privacy Policy | Terms of Service
Copyright© 2026 Rover Insights
HRMorning Logo

WELCOME BACK!

Enter your username and password below to log in

Forget Your Username or Password?

Reset Password

Lost your password? Please enter your username or email address. You will receive a link to create a new password via email.

Log In

Why do we need your credit card for a free trial?

We ask for your credit card to allow your subscription to continue should you decide to keep your membership beyond the free trial period.  This prevents any interruption of content access.

Your card will not be charged at any point during your 21 day free trial
and you may cancel at any time during your free trial.

During your free trial, you can cancel at any time with a single click on your “Account” page.  It’s that easy.