Jury awards $150 million to woman with Down’s syndrome

The scenario: During her 15 years of employment with the same organization, a woman with Down’s syndrome worked the same four hour shift every day because her condition required her to maintain a predictable routine. She received positive performance reviews and had no attendance problems.

However, when her employer changed its practices and forced her to work a different schedule, the disabled staff member began to struggle with attendance. The worker made it clear to her supervisor that the new schedule was a problem for her, but she was forbidden from going back to her former schedule. Eventually, the woman, who never formally requested an accommodation, was fired for alleged attendance violations.

After the termination, the woman’s sister reached out to the Equal Employment Opportunity Commission (EEOC).

Legal challenge: The EEOC sued for disability discrimination.

The ruling: The company lost. A jury awarded $150,000 in compensatory damages and $150 million in punitive damages to the woman. And the jury’s award was upheld by an appeals court, which said the jury could’ve reasonably believed that the employer failed to accommodate a worker with Down’s syndrome, then terminated her because of her condition.

The judge ruled that the disabled woman didn’t need to formally request an accommodation because her condition was obvious. Plus, the employer was aware that the schedule change had a negative effect on her.

The skinny: Remember: Employees who have an obvious disability don’t typically need to formally request an accommodation.

Cite: EEOC v. Wal-Mart Stores East, L.P., U.S. Court of Appeals 7, Nos. 22-3202 & 23-1021, 8/27/24.

(From the Sept. 6, 2024, issue of HR Manager’s Legal Alert for Supervisors. To start your no-obligation trial subscription to the publication right now, please click here.)