The cost of refusing to provide chair to worker: $11.2 million

The scenario: A 72-year-old woman with a bad back was told that she could no longer sit while performing her job duties; she had to stand.

After working a few days while standing, the woman told her supervisor that her back was killing her. She asked to be allowed to use a chair. The supervisor denied her request.

A few days later, the woman left work early because of severe back pain. She took a few days off, then returned to the job. She again asked to be permitted to use a chair, but she was ignored.

On her first day back, she asked to go home early because of back pain. Her supervisor said that if she was resigning, she should submit a written resignation. The woman said she wasn’t resigning but that she needed to leave work for the rest of the day.

Following the conversation, the supervisor sent a text message to other managers stating that the woman had verbally given her two weeks’ notice.

About a week later, the woman participated in a series of phone calls with her supervisor and other managers. She was repeatedly told that her resignation had been accepted but that she needed to put it in writing. She refused to submit a written resignation, so she was fired.

Legal challenge: The woman sued for disability discrimination.

The ruling: The company lost. A jury ruled in favor of the disabled woman and told the employer to pay $11.2 million to her.

The skinny: When it comes to accommodating disabled crew members, remember the importance of flexibility. In this case, the organization steadfastly refused to provide a chair that would’ve cost next to nothing. Now it has to fork over $11.2 million!

Cite: Roque v. Octapharma Plasma, San Diego Superior Court, No. 37-2021-00020936.

(From the April 11, 2025, issue of HR Manager’s Legal Alert for Supervisors. To start your no-obligation trial subscription to the publication right now, please click here.)