Apple Faces Disability Lawsuit: What It Means for Employee Rights

Imagine heading to work, ready to contribute your skills and dedication, only to find that your employer isn’t providing the necessary support for you to perform your job due to a disability. Unfortunately, this scenario is a reality for many individuals, and sometimes, it leads to legal action. A recent focus on Apple Faces Disability Lawsuit: What It Means for Employee Rights highlights the critical importance of understanding employee rights and employer obligations under disability laws.

According to the Americans with Disabilities Act (ADA), employers are required to provide reasonable accommodations to employees with disabilities, unless doing so would create an “undue hardship”. But what happens when these accommodations aren’t provided, or when an employee faces discrimination due to their disability?

Understanding Disability Discrimination

Disability discrimination in the workplace can take many forms, including:

Failure to provide reasonable accommodations: This could involve not providing necessary equipment, adjusting work schedules, or modifying job duties to enable an employee with a disability to perform their job.
Harassment: Creating a hostile work environment through offensive comments, jokes, or other forms of mistreatment related to an employee’s disability.
Denial of opportunities: Refusing to hire, promote, or provide training to an employee based on their disability.
Wrongful termination: Firing an employee because of their disability or a related medical condition.

If an employee experiences any of these forms of discrimination, they may have grounds to file a disability lawsuit.

Real-Life Examples: Disability Lawsuits Against Apple

While Apple has received awards and positive press for its efforts in accessibility technology, accusations have arisen indicating that the company does not appear to be practicing what it preaches in its own retail stores.

Here are a couple of examples of disability lawsuits that Apple has faced:

Denial of Accommodation: In 2019, Apple was sued by a technical support advisor who alleged that the company denied her request for disability accommodation related to a voice disability and treated her unfavorably because she was black. She claimed Apple refused her request for paid leave while she was being treated for nerve damage to her larynx, even though non-black, non-disabled employees were allowed paid leave.
Constructive Dismissal: In another case, also in 2019, a former “Apple Genius” with a disability sued Apple for constructive dismissal, claiming that the company repeatedly refused to work on an individual accommodation plan with him. The employee, who required a wheelchair, alleged that Apple provided only piecemeal solutions to his disability and that he suffered harassment, bullying, and a toxic work environment as a result.

These cases highlight the importance of employers adhering to disability laws and providing necessary accommodations to their employees.

What Are Your Rights as an Employee?

The Americans with Disabilities Act (ADA) protects individuals with disabilities from discrimination in the workplace. Under the ADA, you have the right to:

Reasonable accommodations: Your employer must provide reasonable accommodations that allow you to perform the essential functions of your job, unless it would cause undue hardship to the company.
A non-discriminatory work environment: You have the right to work in an environment free from harassment and discrimination based on your disability.
Confidentiality: Your employer must keep your disability information confidential, only sharing it with those who need to know.

What to Do If You Face Disability Discrimination

If you believe you’ve been discriminated against due to your disability, here are some steps you can take:

Document everything: Keep a detailed record of all incidents of discrimination, including dates, times, witnesses, and specific actions or comments.
Report the discrimination: Follow your company’s internal procedures for reporting discrimination.
File a charge with the EEOC: The Equal Employment Opportunity Commission (EEOC) is the federal agency responsible for enforcing the ADA. You must file a charge with the EEOC before you can file a lawsuit.
Consult with an attorney: An experienced employment law attorney can help you understand your rights and options, and guide you through the legal process.

Potential Outcomes of a Disability Lawsuit

If you win a disability lawsuit, you may be entitled to various forms of compensation, including:

Back pay: Lost wages and benefits from the time you experienced discrimination.
Front pay: Future lost wages and benefits if you are unable to return to your job.
Compensatory damages: Compensation for emotional distress, pain, and suffering.
Punitive damages: In some cases, you may also be awarded punitive damages, which are intended to punish the employer for particularly egregious conduct.

Settlement amounts for disability discrimination cases can vary widely, depending on the specifics of the case. Settlements can range anywhere from $25,000 to $500,000, with more complex cases exceeding $1,000,000. Factors that influence settlement amounts include the severity of the discrimination, the strength of the evidence, lost wages, emotional distress, and the size of the employer.

Apple’s Commitment to Accessibility

While Apple has faced disability lawsuits, the company also emphasizes accessibility and inclusion in its workplace. Apple states that they believe accessibility is a fundamental human right and that they build accessibility into everything they create, including their products, services, and culture.

Apple offers various accommodations and support to employees with disabilities, including:

Workspace accommodations: Apple workspaces are designed to adapt to each team member’s individual needs, with additional accommodations and one-on-one support available.
Technology: Apple products and services include accessibility features like VoiceOver, Switch Control, and Voice Control.
Wellness resources: In some locations, Apple has dedicated Wellness Centers with expert onsite medical care.

The Broader Implications for Employee Rights

The issue of Apple Faces Disability Lawsuit: What It Means for Employee Rights extends beyond just one company. It underscores the need for all employers to prioritize disability inclusion and ensure that their workplaces are accessible and accommodating to all employees. By understanding your rights and taking appropriate action when discrimination occurs, you can help create a more equitable and inclusive work environment for everyone.

Do you have questions about your rights as an employee with a disability? Contact us today for a consultation.