When discussing accommodations, follow interactive process

The Americans with Disabilities Act (ADA) and Massachusetts General Law Chapter 151B (Chapter 151B) both require employers to provide reasonable accommodations absent undue hardship to employees and to engage in an interactive dialogue with those who need a reasonable accommodation. Employers that fail to do so face legal liability. The recent jury verdict in Menninger v. PPD Development, L.P., Civ. Action No. 19-cv-11441 (D. Mass 2023) serves as an important reminder for employers. 

Menninger’s alleged disability

In 2023, a jury awarded PPD Development’s former employee Lisa Menninger $24 million in a suit alleging disability discrimination because of the employer’s failure to provide reasonable accommodations. Although the basis for the jury’s decision is difficult to speculate, the circumstances throughout the case should give employers good cause to evaluate the process by which they request, obtain, evaluate, and decide on requests for accommodation.

PPD filed an appeal with the 1st Circuit Court of Appeals. Here’s how it got there.