Can an employee avoid confrontation with management by requesting it as an accommodation? According to the court in Heath v. Brennan, No. 2:13-cv-00386, (D. Me. 5/14/15), the answer is yes. Plaintiff Heath, a U.S. Postal Service employee, worked as a mail carrier for 11 years before developing tendinitis in both of his elbows. His requests for accommodations were met with negativity from both management and co-workers. For example, one manager responded, “I’ll give him accommodations. I’ll kick his ass.” On another occasion, a co-worker saw Heath wearing wrist braces and remarked that Heath must have needed the braces “because he was masturbating.” Heath eventually filed three Equal Employment Opportunity Commission (EEOC) complaints, two of which resulted in settlements requiring the Postal Service to educate management regarding Heath’s work restrictions.
Over time, Heath developed mental health issues which his doctors attributed to the harassment at work. When Heath’s doctors recommended additional accommodations for his mental health problems, the Postal Service modified Heath’s job duties by reducing his hours and allowing him to come in early to avoid confrontations with co-workers. Heath, however, still did not feel that his supervisors understood his work restrictions. He subsequently sent another letter to his postmaster, referencing his medical reports and asking how his previous settlement agreements could be better implemented. No further modifications were made for Heath. About a year and a half later, an incident occurred where Heath’s supervisor directed him to get a key from a co-worker in the break room. Heath, hoping to avoid confrontation with co-workers, asked a different co-worker to retrieve the key. According to Heath, when his supervisor found out, he “puffed himself up” and ordered him to the break room. Heath reluctantly went and attempted to remind his supervisor about his work restrictions. When Heath offered to show him his medical documentation, his supervisor first told him to go get the paperwork, then allegedly “hollered” at him, “Never mind. Go home.” Heath left work and never returned.
Heath filed suit, alleging among other claims, that the Postal Service failed to accommodate him in violation of the Rehabilitation Act, a law prohibiting disability discrimination in federal employment. According to the court, although Heath’s final letter did not make an “explicit request” for an accommodation, “a specific and direct request is not always necessary to give rise to an employer’s duty to accommodate.” Because it found that Heath’s supervisor “confronted Heath in an unnecessary and stressful manner that failed to accommodate Heath’s emotional disability,” Heath was allowed to proceed to trial.
The case is a reminder that any time an employee suggests a job modification might be needed in light of a medical condition, an employer should meet with the employee to determine whether it can offer a reasonable accommodation, even if it has already done so in the past for the same employee regarding the same condition.