Employers beware. In Roque v. Octapharma Plasma Inc., a California jury delivered an award of over $11 million to an individual plaintiff in an employment discrimination case despite the absence of economic damages for wages and benefits.
Plaintiff Alice Roque was 74 years old when she was terminated after working nearly 19 years for defendant Octapharma Plasma, Inc. Prior to her termination, Ms. Roque was reassigned from a role that permitted her to sit to a standing role, resulting in back pain. After reporting her back pain, her supervisor suggested she resign (the employer later claimed that Ms. Roque verbally resigned, but Ms. Roque denied this). Shortly thereafter, Ms. Roque went on medical leave that was later extended by doctor notes provided to Octapharma. Before her leave ended, Octapharma terminated Ms. Roque. Ms. Roque alleged that despite her protests and requests to keep her job, Octapharma made no efforts to remedy the situation.
Plaintiff's lawsuit alleging 12 causes of action followed. After years of litigation in San Diego state court, the jury found Octapharma liable on the claims of failure to accommodate, age discrimination, and failure to take steps to prevent such discrimination. Despite Ms. Roque waiving economic damages, the jury awarded Ms. Roque more than $2.2 million for past and future physical injuries (arising from what she characterized as "debilitating" back pain) and emotional distress for a claimed major depressive disorder. The jury further found that Octapharma acted with malice, fraud, and oppression, consequently awarding $9 million in punitive damages. This award does not even take into account the likely sizable claim for attorneys' fees from Ms. Roque's lawyers.
While far from the largest verdict ever awarded by a California jury in an employment case, this recent verdict offers two warnings to employers. First, be cognizant of the unpredictability of employment cases brought to verdict in a jury trial and the importance of a robust arbitration program by employers. Second, employers should be extremely cautious when handling employee requests for accommodations related to any purported medical condition.
Employers are encouraged to contact one of Venable's experienced Labor and Employment attorneys with questions on implementing an accommodations policy and arbitration agreement. Please feel free to reach out to us to discuss how our attorneys can help you ensure compliance across your hiring and employment practices.