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LA jury awards $2.9 million for failure to provide reasonable accommodation

January 2021 employment law letter
Authors: 
Cathleen S. Yonahara, Freeland Cooper & Foreman LLP

A Los Angeles jury rejected an employee's disability discrimination claim but found in her favor on her reasonable accommodation and interactive process claims. The jury awarded her $2,899,670, and the court awarded $503,273.50 in attorneys' fees. The employer appealed the judgment on the grounds that the employee failed to establish a reasonable accommodation was available for her disability.

Facts

Anahit Shirvanyan worked for eight years as a kitchen coordinator for the Child Development Center at Los Angeles Valley College, a part of the Los Angeles Community College District. Her job duties included preparing breakfast and lunch, bringing meals in large bowls and milk and juice to classrooms using a large cart, retrieving and cleaning dishes, washing five-pound pots, doing laundry, and cleaning the kitchen.

In 2014, Shirvanyan was diagnosed with nerve damage and carpal tunnel syndrome in her arm and wrist. She began wearing a brace daily, needed help in the kitchen because of her injuries, and reduced her work hours because of pain. She notified her supervisors about her carpal tunnel syndrome and wrist pain. Although she participated in physical therapy, she was often in tears by the end of her shift because of the pain, complained of pain daily to her coworkers, and winced or favored one arm while completing her job duties.

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