Facts

In 2008, Jeff Belaire had been working for United Parcel Service for over 33 years when he was transferred to a new position as an operations center manager at the southeast California district. He claimed that the package operations manager at the new facility, Nick Kocheck, verbally and physically harassed him. He then developed chest pain one day, which worsened before getting to work. He went to the emergency room and was subsequently diagnosed with an anxiety disorder. He went on disability leave in late 2008, and continued to receive counseling until April 2009. He attempted to return to work under his psychologist's request that he no longer work under or with Kochek. He also requested an accommodation to reduce his workday to 11 hours maximum, including travel. His requests were not met, and instead, he was demoted to supervisor on June 30, 2009, and placed on a shift that included evening hours. The position offered also had a reduced salary, but with the same essential job functions as his prior position. He then suffered a relapse and went back to his psychologist on July 1, 2009, and he went back on disability leave. UPS then sent a notice stating that he would lose his benefits if he failed to return to work within one year of initiating his initial leave of absence. Belaire's psychologist released him thereafter and he was offered a part-time position working 27.5 hours a week. He claimed he would lose all his benefits and stock options, but ultimately accepted the position and retired at the age of 55. He received a retirement package based on the highest continuous five years of salary earned in the previous 10 years.

Belaire sued Kocheck, United Parcel Service Inc., and his immediate supervisor, Leroy Stampley, for failure to accommodate, failure to engage in the interactive process, and wrongful demotion, which he claimed constituted disability discrimination.

The action proceeded to trial against UPS only.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that Defendant failed to accommodate his requests for restricted daytime hours and instead demoted him to a position that reduced his salary significantly despite having the same work functions. Plaintiff further contended that he was forced to ultimately retire when he was demoted because his benefits would have been cut in half had he stayed until the age of 65 as he had intended.

DEFENDANT'S CONTENTIONS:
Defendant contended that it complied with the law at all times. Defendant further contended that it engaged in the interactive process in good faith, and contended that it offered Plaintiff reasonable accommodations. Defendant contended that it met its obligation to engage in the interactive process and to provide Plaintiff with a reasonable accommodation in accordance with the law.

Damages

Belaire sought damages for lost earnings and benefits for the 10 additional years he wanted to remain employed before retiring. He also sought recovery for pain and suffering, specifically for the anxiety that left him disable for several months.

Result

The jury ruled in Belaire's favor as to his claims for failure to engage in the interactive process and failure to provide reasonable accommodation. The jury ruled in favor of UPS as to Belaire's claims for disability discrimination and wrongful demotion. The jury awarded Belaire $953,030 in economic damages, which was reduced by $34,000 for failure to mitigate damages and $500,000 in non-economic damages. Belaire's total recovery was $1,419,030.

Poll

12-0 (failure to engage in the interactive process and failure to provide reasonable accommodation), 2-10 (disability discrimination)

Length

11 days