$22M Verdict Against Wells Fargo: Disability Discrimination & Retaliation Under the ADA

"I'll be the judge of that!"

In this episode of the Job Judge, Karen discusses a $22 million verdict against Wells Fargo for disability discrimination and retaliation under the Americans with Disabilities Act (ADA). She shares the story of an employee who had a disability and required reasonable accommodations. Despite getting good advice from the Wells Fargo ADA Consultant on accommodations that should be provided, the managers refused to accommodate the employee and then terminated him shortly before he was to return onsite under the guise of a restructuring. The case went to trial, and the jury awarded him $22 million in damages for disability discrimination, failure to accommodate and retaliation, as well as state law violations. Karen emphasizes the importance of the ADA and the need for employers to engage in an interactive dialogue with employees to provide reasonable accommodations. The EEOC (https://EEOC.gov) and the Job Accommodation Network (https://Askjan.org) offer resources for both employers and employees regarding reasonable accommodations under the ADA. Karen also discusses in her “ask the Job Judge” whether an employee who was planning to fly home the same day he had to work, and was a “no show” because his flights were delayed, unfairly received a written counseling.

The Job Judge Podcast is a podcast for anyone who works. This is not legal advice! Engaging and informative, it’s a must-listen/watch for any manager, business owner, HR professional, or anyone who works. Relying on three decades of experience as an employment law attorney and HR Executive, Karen Michael uses real case studies in the news and navigates through the legal landmines and workplace dysfunction that we know is probably happening right now in your organization.