Vision-Impaired Worker Sues American Airlines for Discrimination

Technological advances have made it possible for many employees with disabilities to keep doing their jobs at a high level. Unfortunately, even when the necessary equipment exists, there are some employers who are reluctant to secure what’s needed to keep their worker on the job. Under the Americas with Disabilities Act (ADA), this could constitute an unlawful failure to provide a reasonable accommodation. 

Recently, the U.S. Equal Employment Opportunity Commission (EEOC) initiated legal action against American Airlines on behalf of a worker who suffers from severe vision loss. The employee’s condition is known as cortical blindness, which is caused by damage to the part of the brain that processes visual information. As the employee’s job duties involve reviewing information from a computer monitor, she alleges that she could continue working with an application that voices what is written on the screen. The complaint notes that screen reader software such as JAWS (Job Access with Speech) has long been available and successfully integrated across many workplaces. 

When an employee or applicant requests such tools, an employer is expected to engage in a good-faith review of whether the requested accommodation is reasonable. According to the EEOC, American refused to consider whether the employee could fulfill her responsibilities with the assistance of a screen reader. Instead, the airline put her on unpaid involuntary leave for approximately four years and then terminated her employment. 

If proven, the alleged conduct could expose the American to injunctive relief, back pay, compensatory and punitive damages, and changes to policies and training. The case highlights common pitfalls in disability accommodation, particularly in technology-dependent environments where compatibility and procurement hurdles can delay or derail reasonable solutions.

Under the ADA standard, there might be substantial differences as to what constitutes a “reasonable” accommodation on an employer’s part. However, companies should always respond in a timely, thoughtful manner to any accommodation requests. When specific measures are proposed, such as a particular form of software or a modification to the disabled employee’s workspace, these suggestions should not be dismissed out of hand. Likewise, putting workers on extended unpaid leave does not indicate any willingness on the company’s part to find a mutually agreeable accommodation or a reassignment to a vacant, equivalent position.

Kardell Law Group advocates on behalf of disabled workers and other victims of unlawful employment discrimination. Contact us today if you’ve been mistreated on the job because of your status within a legally protected class.