Amazon's Exposure to Failure-to-Accommodate Claims Based on New Reasonable Accommodation Policy

Amazon recently updated its Reasonable Accommodation Policy as to employees seeking disability accommodations to work from home.  

Here is an explanation of their updated policy based on Bloomberg Reports. 

In a nutshell, the policy includes a more rigorous vetting process, multilevel leader review, and month-long return to the office trials. 

As a result, Amazon may wind-up defending more failure-to-accommodate claims while enacting this policy update. Specifically, the Americans with Disabilities Act (ADA) requires employers to provide reasonable accommodations unless doing so would cause an undue hardship. The ADA mandates that employers engage in an interactive process, assessing requests individually in a timely manner. By implementing a more complex approval system, Amazon may be making it harder for employees with disabilities to receive the accommodations that they need, potentially violating the ADA. 

First, the new process requires a complex "multilevel leader review," which could lead to significant delays before employees' requests are approved. This extended waiting period could violate the ADA's requirement to address requests for accommodations in a timely manner, which is seen as a constructive denial of the requested accommodation that makes a failure-to-accommodate lawsuit ripe for adjudication. 

Additionally, the policy is problematic because it applies to both new requests and extensions of existing accommodations. Employees who have already been granted accommodations may now be required to return to the office for month-long trials to assess whether their needs are being met. This one-size-fits-all approach may not be suitable for all disabilities, and pushing employees back to the office without considering their specific needs could be seen as a failure to provide reasonable accommodation in violation of the ADA.

If employees are unable to obtain the accommodations they require and are forced to work in ways that don’t suit their disabilities, they may feel forced to leave the company. In such cases, this could be considered constructive discharge, where the work environment becomes so intolerable that employees feel they have no choice but to quit.

If Amazon's new policy fails to comply with the ADA or similar state and local laws, it could face serious legal consequences. Affected employees should file complaints with the Equal Employment Opportunity Commission (EEOC), which is a condition precedent to bringing an ADA claim. Remember, dependent on location, such a charge must be filed with EEOC in as early as 180 days (some states extend this to 300 days, but federal sector employees only have 45 days to contact an EEO Counselor to get the ball rolling). 

Amazon's actions highlight the need for employers to carefully balance workplace goals with their legal obligations to uphold disability rights under federal, state, and local laws.

Brick-and-Mortar Businesses Without Accessibility Features on Websites Will Continue to Get Sued

A recent Federal Case highlights why businesses with physical locations must make sure that their websites are accessible to people with disabilities (e.g., screen readers).

Jose Mejia, who is legally blind, sued High Brew Coffee after their website prevented him from using his screen-reading software, making it impossible for him to complete his purchase. He claimed this was disability discrimination under Title III of the Americans with Disabilities Act (“ADA” or “Title III”), which prohibits discrimination on the basis of disability in places of public accommodation. (42 U.S.C. § 12182(a)).

Mejia claimed that accessibility issues with High Brew’s website constitute disability discrimination under Title III, as they prevented him from shopping as a sighted customer would. High Brew argued that because its website wasn’t tied to a physical location, it didn’t count. The Court sided with High Brew, ruling that websites without a physical counterpart aren’t subject to Title III in New York.

The opinion is a reminder that businesses with both websites and physical locations are still exposed to a discrimination case. This means that if your company operates a website tied to a physical store, you may face legal repercussions if it does not comply with accessibility standards. It's important to note that, while not available under Title III, emotional distress damages - that’s fancy lawyer talk for potential big bucks - are recoverable under the New York State Human Rights Law, Executive Law § 296(2)(a), and New York City Human Rights Law, New York City, N.Y., Code § 8-107(4) in these cases.

And for anyone like Mejia who has run into accessibility barriers on a website connected to a physical location, it’s worth contacting an attorney. You may have a case under the ADA & New York laws that protect against disability discrimination.

EEOC's Disabled Federal Employee Retention Report - Discrimination Issues Lower Job Retention

The Equal Employment Opportunity Commission (EEOC) released a Retention of Disabled Employee Report with recommendations for federal agencies to improve retention of disabled employees in federal public sector jobs.

The Report is based on 3 years of data & recommends that Fed Agencies should have: 

1. Disability accommodation procedures that comply with federal law;
2. Compliance procedures for processing personal assistance services requests; & 
3. Systems for processing such requests & publicizing them to employees & applicants on their website.

Importantly, the Report highlights the need for reasonable accommodations to not be denied for costs & if denied, the employee should be notified of the reason for the denial & their rights. 

In contrast, the Report found that Fed Agencies that focused on personal assistance services and reasonable accommodations had better employee retention.

New NYS Law Impacting Disabled Public Employees

Disability discrimination of public employees got a lot more interesting on September 4, 2024, when NYS Governor Kathy Hochul signed into law Assembly Bill A09935, which requires public employers who deem employees unfit after requiring medical examinations to provide those employees with access to all documents supporting their decisions.

Under the Civil Service Law, employers can seek examinations of employees deemed unfit to perform the duties of their job due to a mental or physical disability, where such disability is also grounds for the employee to receive a reasonable accommodation, under the New York State Human Rights Law and the Federal Americans with Disabilities Act, if such employees can continue to perform the essential functions of their job with the accommodation.

Now, employers must provide, in addition to a notice of the factual basis of its decision, copies of communications between the employer and the medical examiner overseeing the claim, as well as records supporting the determination, to employees who appeal such determinations.

Because employees have only 10 days after the factual notice is served to request a hearing, the law aims to afford employees a complete understanding of the unfitness determination and its basis, allowing them to either make changes to be deemed fit or to be fully informed at a hearing. This can also be essential evidence in a failure-to-accommodation discrimination case. 

The new law goes into effect on January 1, 2025.

Contact an attorney

Proposed Rule Aims to Enhance Air Travel Safety for Passengers with Disabilities

The U.S. Department of Transportation (DOT) has introduced a proposed rule to bolster regulations under the Air Carrier Access Act (ACAA). This initiative seeks to address the pressing concerns faced by individuals with disabilities, particularly those utilizing wheelchairs and scooters, during air travel. With an emphasis on safety and dignity, the proposed rule aims to rectify issues such as mishandled mobility devices and inadequate assistance during transfers to and from aircraft seats.

Key Objectives of the Proposed Rule:

• Addressing Mishandled Mobility Devices: Passengers with disabilities often experience damage or loss of their mobility devices during air travel, leading to significant distress and inconvenience. The proposed rule seeks to establish stringent guidelines to mitigate such incidents and hold airlines accountable for the proper handling of mobility devices.
• Ensuring Proper Transfers: Passengers with disabilities often face challenges in navigating these transitions, leading to potential safety risks and infringements on their dignity. The proposed rule aims to implement measures to ensure that passengers receive the necessary support and assistance throughout the travel process.

As the proposed rule enters the public comment period, stakeholders, including disability advocacy groups, airlines, and the general public, will have the opportunity to provide feedback and input. This collaborative process will be instrumental in shaping the final regulations and ensuring that the needs of passengers with disabilities are adequately met.