Question: Based on this case study teach me how the topic of harassment-free environment relates to this. Jury finds hotel failed to reasonably accommodate employee's disability,
Based on this case study teach me how the topic of harassment-free environment relates to this.
Jury finds hotel failed to reasonably accommodate employee's disability, awards$20 million punitive damages. Reminders of the consequences of failing to accommodate employees' disabilities can be helpful. Often workplaces can get lackadaisical in failing to follow accommodation laws leading to employees' inability to adapt to their work tasks after becoming injured or disabled. In one case this type of lax attitude has proven severely costly, $20 million in damages to be precise. Daniel J.Callahan v. Marriott Marquis Hotel et al. is one such case study. After having been employed as a concierge at a Marriott hotel for almost three decades, Callahan suffered a spinal injury in 2014.
When he was finally able to return to work the following year with
the aid of a prosthetic and cane, his employer initially
accommodated him with a suitable chair. This preliminary
workplace modification eventually led to one disappointment after
another that included:
- A request to park his car closer to the hotel was
labeled as a privilege by Marriott; Callahan was
ultimately charged $275 per month for a closer
parking spot;
- The hotel's response to his appeal for a separate break
room (since restaurants and the employee caf were
too far for him) was to provide him with a packed
storage area with little space for movement and which
was also an unreasonable distance from his work area
and restroom;
- After the hotel remodeled in 2018, even more
difficulties for Callahan arose: the new desks and mats
were not amenable to the disabled and neither was the
new design of the hotel floor plan that had the
breakroom and restrooms at a further distance than
before.
After Callahan's accommodation requests were repeatedly ignored,
his doctor recommended that his current situation was physically
detrimental to the point that he could no longer continue working in
that position. The jury's response to Marriott's disregard? It found that the hotel
giant had failed to engage in an interactive process and to provide
reasonable accommodation to Callahan, violating California's
disability laws. It awarded him $3.4 million in past non-economic
damages, $1.6 million in future loss of enjoyment of life, and $15
million in punitive damages. As an employer, it is important to recognize
when employees need accommodation and how best to go about handling their individual
situations.
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