Both California and federal law require employers to accommodate disabled employees, unless doing so would be an unreasonable burden on the employer’s business. Reasonable accommodations include modifications to employee duties and work spaces, modified schedules, and permitting employees to take reasonable breaks for health reasons. Not providing an accommodation when it would be reasonable to do so can result in expensive and time-consuming litigation.

So can failing to make sure disabled employees are accommodated consistently, every single day—as one employer recently learned the hard way.

What Happened

Following her cancer treatments, “Ann,” an Albertsons store checker, had to drink large quantities of water throughout the day. This meant she frequently needed coverage at her register so that she could take bathroom breaks. For months, Ann’s managers relieved her as needed.

One day, temporary manager “Susan” was in charge of the store during Ann’s shift. Susan was the only person working in the store during the shift who was authorized to relieve Ann at her cash register. Susan had not been notified of Ann’s disability or her need for accommodation.

When Ann called Susan to relieve her for a bathroom break, Susan replied that she was busy reviewing inventory and Ann would have to wait. Susan gave the same reply to Ann’s subsequent repeated requests to be relieved. Finally, Ann was unable to refrain from urinating on herself while standing at her cash register. When Susan eventually came to relieve her, Ann ran home, humiliated and ashamed. She then sued, alleging that Albertsons failed to accommodate her disability.

What the Court Said

At the jury trial, Albertsons argued that a single occurrence of failing to provide an accommodation could not be considered a violation of California law. Albertsons noted that the company had made great efforts to provide Ann with the breaks she needed and that they should not be held to a standard of perfection that left no room for unintentional errors. After all, Albertsons argued, even the best employers will make mistakes.

The jury disagreed with Albertsons and awarded Ann $200,000, most of which was for emotional distress. Albertsons appealed.

The court of appeals agreed with the jury, noting that even “a single failure to make reasonable accommodation can have tragic consequences for an employee who is not accommodated.” The court also noted that although Albertsons attempted to characterize the single instance of error as “trivial,” both Ann and the jury found the error to be more than trivial. The court upheld the jury’s damages award. A.M. v. Albertsons, LLC, Cal. Court of Appeals (Dist. 1), No. A122307 (2009).

Practical Implications for Employers

In this case, the harm that Ann suffered was unusual—most of the time, a temporary failure to accommodate will not result in the public humiliation that occurred here. However, the court’s decision says that employers are obligated to accommodate employees each day that there is a need, regardless of how great or small the potential harm. A small degree of harm may ultimately result in a smaller verdict for the employee, but it will not keep you out of court in the first place.

To guard against mistakes like the one Albertsons made, employers should ensure that all supervisors and managers are made aware of all accommodations being provided to employees. This includes temporary, fill-in, and new supervisors and managers. Employers should also make sure that if a disabled employee is working, adequate staff is available to make sure that accommodations that have been agreed to are always available.