August 2024 Newsletter

Jury awards $22.1 million to Wells Fargo employee laid off after ‘work from home’ accommodation request

On Friday, July 26, 2024, a jury in the case, Billesdon vs. Wells Fargo Securities, Inc., awarded a former managing director $22.1 million after he alleged he was laid off after making a work from home disability accommodation.

Mr. Billesdon’s disability required frequent and quick access to a restroom. He requested a work from home accommodation preemptively before pandemic restrictions were lifted and workers were required to return to the office. His request was not approved and instead his role was eliminated. A jury determined these actions violated the Americans with Disabilities Act and state law.

This case highlights the importance of employers participating in a genuine ‘interactive process’ when an ADA accommodation is requested. This process can include recognizing an accommodation request, gathering information, exploring options together, implementing an accommodation and monitoring the accommodation.

In Billesdon, the Court noted that there were disputes regarding whether the employer engaged in ‘genuine discourse’ about the accommodation request. Wells Fargo managers stated that a trial period of working from home would merely be delaying the inevitable. The accommodation request was not fully and genuinely discussed according to the Court.

While accommodation is not always warranted or available, this case makes clear that employers should always take these types of accommodation requests seriously. That will include a genuine discussion about the accommodation requests. The employer should also be prepared to clearly outline the reasons for denying the request. An ADA accommodation request can be denied if an employer can show that it would cause undue hardship. Undue hardship can be determined by considering the cost and nature of the accommodation, the company’s financial resources, and the impact on the facility’s operations.