In 2004, plaintiff A. Mena, an Albertsons employee since 1987, took a leave of absence from her job as a cashier for treatment and recovery from throat cancer. On her return, she informed her managers that she was required to constantly drink water because her salivary glands no longer functioned, and as a result she would require frequent bathroom breaks. Management agreed to accommodate her by allowing her to keep water at her register and telling her she would be relieved to go to the bathroom upon request.
On Feb. 11, 2005, Mena was the only cashier on duty, and the only person who could relieve her was the acting store manager, who was new to the store and not aware of her need for accommodations. Starting at approximately 8 p.m., she began requesting bathroom breaks. In response to her first two requests, the manager told her she would have to wait. After her third request, the manager still did not come to relieve her. Mena lost control of her bladder, soiling herself with urine and menstrual blood. Mena continued to ring up customers until the manager arrived at the front of the store, 20 minutes after Mena asked a courtesy clerk to find her. Mena sought psychiatric help and did not return to work until August (with one month of the delay caused by a death in the family). She remains an Albertsons employee to this day.
Mena sued Albertsons, LLC for failure to provide reasonable accommodations and failure to enter into the interactive process regarding her return to work in August.
Mena contended that Albertsons did not follow their agreed upon process for accommodation, and that it had failed to put in place a system to inform new supervisors of her need for accommodations.
Mena testified that, on her third request for a break, the manager hung up the phone, giving her the impression that she was on the way to relieve Mena.
The manager testified that she gave Mena permission to leave her register before hanging up.
Albertsons contended that Mena was at fault for failing to explain to the manager that she needed to use the bathroom as an accommodation.
Mena alleged significant psychological harm caused by humiliation and embarrassment. After the incident, she barely slept and showered obsessively to try to remove the scent of urine and blood. She was later hospitalized in a psychiatric facility for auditory hallucinations and other psychotic symptoms. She also received several months of outpatient treatment at Kaiser.
Mena asked for $12,000 in lost wages, two-to-three years of future psychological treatment and damages for emotional distress.
Albertsons contended that Mena’s psychological damages were not caused by the incident at work, but by her childhood experiences in El Salvador, where there was a civil war.
The jury returned a verdict of $200,000 in favor of Mena on the failure to accommodate claim, representing $12,000 in lost wages, $40,000 in future medical expenses, and $148,000 in emotional distress damages.
The jury found for the defense on the failure to engage in the interactive process cause of action.
A. Mena
$40,000 Personal Injury: Future Medical Cost
$12,000 Personal Injury: Past Lost Earnings Capability
$148,000 Personal Injury: emotional distress
The defendant’s motion for a new trial was denied. The plaintiff was awarded costs and fees in an amount to be determined at a future hearing.