In some situations, transferring an employee to a new position with a different supervisor might be an appropriate way to accommodate a disabled employee. But a recent ruling involving a Southern California loan underwriter demonstrates that courts won’t insist on a transfer without evidence that the move would enable the employee to work more productively.
Disabled Employee Promoted
Donna Braunling, an underwriter for Countrywide Home Loans Inc., suffered from multiple sclerosis. The company accommodated her disability by agreeing to her request not to work the early morning shift or in a position that required her to take work home in the evening. After a year with Countrywide, at Braunling’s request she was promoted to senior underwriter, a position with significantly more responsibility.
Trouble With New Boss
From the outset, Braunling’s relationship with her new supervisor, Cathy Kister, was a rocky one. Kister quickly found Braunling’s job performance to be inadequate. Braunling blamed her errors on Countrywide’s computers and claimed that Kister “bullied” her after learning of her MS.
Braunling said that Countrywide refused her request to be transferred to a different department with a new supervisor, and terminated her instead. She then filed suit under the Americans with Disabilities Act, claiming she was discriminated against because of her illness.
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Employee Fired For Incompetence
Countrywide asked the court to dismiss the lawsuit, contending that Braunling was fired because she couldn’t do her job. The company maintained that Braunling’s conflicts with Kister stemmed from her work problems and not from bias against her because of her disability.
Court Declines To Require Transfer
The federal Ninth Circuit Court of Appeals sided with Countrywide, concluding that Braunling was terminated because of well-documented shortcomings in her job performance.
The court noted that she wasn’t qualified for the promotion to senior underwriter in the first place. Therefore, Countrywide had no obligation to grant the accommodation she requested—a transfer to a different supervisor—because it would not have allowed her to perform the essential functions of her job.
Document Performance Problems
Countrywide’s success in fending off the suit underscores the importance of meticulous record keeping. Because it carefully tracked Braunling’s performance problems, the employer was able to document several specific shortcomings, from failing to respond to customer complaints to neglecting required database entries.
The company was also able to pinpoint the dates of Kister’s complaints about Braunling’s work to a time before the supervisor learned of Braunling’s medical condition.
Transfer Sometimes Required
As a general rule, the duty to offer a reasonable accommodation to a disabled employee does not mandate a change in supervisors. However, in some cases, when the employee has a mental or stress-related disability, reassigning the person to a different supervisor may be required.