CASE SUMMARY:

Ray Welch was a police lieutenant for the City of Anaheim where he sustained an on the job injury while performing his safety duties. Welch requested accommodation and his attorney claims that “the City turned its back on him and then retaliated after he complained to the Fair Employment and Housing Department.” Welch claimed the City retaliated against him by only provided assignments that would not lead to promotion. Mr. Welch retired claiming that he was forced to do so by the City’s actions.

WHAT WENT WRONG:

California employers have an affirmative obligation to engage in a timely, good faith interactive process with an employee who has a disability in order to ascertain whether a reasonable accommodation can be provided to that employee. “Good faith,” essentially means that that an employer and employee must communicate directly with each other to determine essential information and that neither party can delay or interfere with the process. To demonstrate good-faith engagement in the interactive process, the employer should have documentation of discussions that support cooperative behavior that promotes the identification of an appropriate accommodation.

An accommodation is not reasonable if it precludes later promotional opportunities. A person who is accommodated into alternative work should not have restrictions placed on them that are in addition to any medically supported physical liabilities. 

WHAT SHOULD HAVE BEEN DONE/LESSON LEARNED:

Had the City had clearly documented interactive accommodation meeting notes perhaps the case would have gone differently. Without such proof of a good faith interactive meeting with the goal of cooperative accommodation, the City could not show that it was not punitive when providing the accommodation that it did. In addition, the City could not place additional restrictions on Welch if his physical limitations did not preclude him from performing the alternate work.

An employer is not required to lower quality or production standards to make an accommodation. Employers are not required to displace other employees to create an accommodation. Employers are not required to create new positions to accommodation someone. Once an accommodation is determined, and barring new or changing medical capabilities, that person is to enjoy the rights and obligations of the position.   

RESULTS:

A jury awarded Welch $5.215 million dollars for lost wages and pain and suffering. In 2005 a judge lowered the amount owed to Welch to $1.65 million. Welch did not appeal the reduction. After legal fees, the City of Anaheim is estimated to have paid out well over $2 million dollars. 

SOURCES:

http://www.ocregister.com/ocregister/news/atoz/article_1006783.php

Welch v. City of Anaheim, Orange County Superior Court Case No. 03CC09927