Disability Discrimination And The Interactive Process
Write a 2650-word paper. APA Format.that sets forth the laws applicable in this situation and the analysis of the facts of this case to the law. Be sure to cite to federal and state laws and supporting cases that are applicable in this situation? Cite to at least 3 legal cases that support your analysis.
Sonya, a 45 year old single woman, has been employed as a sales associate with Big Box Company for six (6) years. The essential duties of her position require her to respond to internet inquiries, answer sales calls, contact customers via phone, and place customer orders. When company processes related to sales would change, Sonya was required to prepare the standard operating procedures that all sales representatives would follow. She also engaged in training employees on the new procedures. While her position did not require overtime, she often stayed late to help her co-workers. She has always met or exceeded the requirements of her position as reflected in her annual performance appraisal. In addition, she has received numerous bonuses because of her sales results. She was also considered a great co-worker as she was constantly willing to assist co-workers with their challenges, and she brought great enthusiasm and positive energy into the workplace. Sonya regularly socialized with other employees outside or working hours.
Big Box products are on the company website and orders are received through the internet. The company has 1500 employees and revenue exceeds 10 million dollars annually. The company provides training on topics like non-discrimination and anti-harassment through company produced web-based training.
Sonya was in a car accident that resulted in the death of passengers in the car she was driving. Sonya suffered serious injuries from the accident and was unable to work for six (6) months. Once her physical injuries had healed, although she could drive, she avoided driving completely. In fact, she was terrified to drive a car. Knowing that she had to commute to work, she moved so that she could walk or take public transportation to work. She also made certain she could walk to church, the grocery store, and to any other activity she needed. If she could not walk or take public transportation, she refused to participate in the activity, even if someone else offered to give her a ride.
Sonya returned to work; however, she was not the same. She lacked the energy and enthusiasm that she once had, and she no longer interacted with her colleagues in the same manner. She was, however, still meeting and exceeding the expectations of her job. She did not work late anymore. Even though she was invited to join her co-workers for happy hour or dinner after work, she declined.
As the company sales and revenues increased, the company needed to expand its enterprise to another location. In addition, the current location could no longer meet the business needs of the company because there was no room for physical growth. As a result, the company determined it needed to relocate. It announced to employees that the facilities would be relocated to a larger, brand new facility in three (3) months. The new facility was about thirty miles from the current location and was in an industrial area that was surrounded by warehouses. The company leased enough property so that when the need arose, they could expand further. Public transportation by way of a trolley was about three miles from the new location. The company offered to provide a fleet of cars with drivers to drive employees to and from the trolley to the work location.
Once Sonya learned of the relocation, she suffered from severe anxiety. She could not sleep at night and her energy level decreased even more. At work, she was quiet and withdrawn. Her performance began to decline slightly.
As the time approached for the offices to be relocated, Sonya contacted Human Resources and asked for an accommodation due to her anxiety and severe depression. Her doctor recommended she work from home. The company has a policy against telecommuting because it wants the workforce to be a team, and to be a team, the company believes you have to be at work. Therefore, HR refused her request based upon company policy.
How would you advise Human Resources to approach this issue with Sonya? Analyze the prima facie case for disability discrimination and what, if anything, the company should do to reasonably accommodate her request. Discuss the various laws which offer protection to Sonya. Include in this analysis the appropriate interactive process that the company must follow to determine reasonable accommodations for Sonya. Also, what recommendation would you give to the company about their policy on telecommuting?
