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A San Francisco jury recently delivered a groundbreaking verdict, holding Marriott International, Inc. accountable for its failure to accommodate a long-serving employee’s disability. The judgment includes a $5 million compensation for non-economic damages stemming from emotional distress, pain, and suffering, along with an additional $15 million in punitive damages, totaling a substantial $20 million.
The Case of Daniel Callahan
A Dedicated Concierge’s Struggle
At the heart of this legal battle stands Daniel Callahan, a devoted concierge who dedicated nearly three decades of his life to the San Francisco Marquis Marriott. In 2014, Callahan’s life took a dramatic turn when he suffered a spinal cord injury, rendering him an incomplete paraplegic. Despite his debilitating condition, he demonstrated remarkable resilience, returning to work in January 2015, albeit relying on a cane and prosthetic device for mobility as a walking paraplegic.
While Callahan could fulfill his professional duties, he needed specific accommodations, most crucially, the ability to alternate between sitting and standing while on the job.
Years of Accommodation
Marriott’s Initial Cooperation
Between January 2015 and December 2018, Marriott accommodated Callahan’s medical work restriction without objection. Remarkably, Marriott permitted concierges to switch between sitting and standing, even if they didn’t require it as a medical necessity.
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The Turning Point in 2019
Renovation Sparks Conflict
The situation took a sharp turn in 2019 following Marriott’s extensive $150 million renovation of the San Francisco Marquis Marriott. The renovation resulted in a workstation for concierges that lacked adequate leg space beneath the table, rendering it impossible for Callahan to sit while performing his duties. Over the next eight months, Callahan sought Marriott’s cooperation in adapting the workstation to meet his medical needs, only to face consistent refusals. Callahan’s physicians sent multiple notes to Marriott outlining his physical limitations and the required accommodations.
A Forced Departure
End of Employment
By September 2019, Callahan and his medical team concluded that he could no longer continue working due to the escalating pain caused by his job. Marriott’s defense highlighted that Mr. Callahan’s concierge position was eliminated as part of COVID-related layoffs in 2020, with no concierges being rehired.
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Upholding Accommodation Laws
The Importance of Legal Precedent
David deRubertis, the lead trial lawyer for Callahan, underscored the significance of this case in emphasizing the importance of accommodation laws. He asserted that when companies adhere to these laws, employees with disabilities can maintain productive employment. Conversely, when companies fail to accommodate disabled workers, loyal employees like Dan Callahan are pushed out of the workforce. The jury’s message resounded clearly: companies must provide straightforward accommodations to disabled workers, or they will face legal repercussions.
Legal Representation
Defenders of Rights
Daniel Callahan was skillfully represented by David M. deRubertis of The deRubertis Law Firm, APC, located in Beverly Hills, CA, Susan Rubenstein of The Law Offices of Susan Rubenstein in San Francisco, CA, and Patrice L. Goldman of San Rafael, CA. The deRubertis Law Firm, APC, specializes in representing employees in various employment disputes, including sexual harassment, wrongful termination, discrimination, retaliation cases, and personal injury and criminal death matters. Renowned for handling high-profile, high-value cases, the firm’s lawyers have garnered numerous accolades within the legal industry.
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