Vande Zande v. State of Wisconsin Department of Administration

District Court, W.D. Wisconsin
851 F. Supp. 353 (1994)

ELI5:

Rule of Law:

Under the Americans with Disabilities Act (ADA), an employer's duty to provide a 'reasonable accommodation' does not require providing an employee's preferred accommodation or the best possible accommodation. The employer has the discretion to choose between effective accommodations and may select a less expensive or easier option, provided it is sufficient to meet the employee's needs.

Facts:

Lori L. Vande Zande, a paraplegic who uses a wheelchair, was employed by the Wisconsin Department of Administration's Division of Housing.
Throughout her employment, Vande Zande's employer made numerous accommodations for her disability, including modifying bathrooms, providing a private office with customized furniture, and installing ramps.
In April 1992, during planning for a move to a new building, Vande Zande requested that a kitchenette counter and sink be lowered from 36 inches to 34 inches.
Instead of rebuilding the kitchenette, her employer installed a separate 34-inch counter across the hall for her use and noted that accessible bathroom sinks were nearby for water.
In October 1992, Vande Zande developed pressure ulcers, and her doctor recommended she stay home for six to eight weeks to heal.
Vande Zande requested to work full-time from home during this recovery period.
The employer provided Vande Zande with work to perform at home for all but 16.5 hours over the eight-week period.
For the 16.5 hours when work was not available, Vande Zande used her accrued paid sick leave, resulting in no loss of pay or benefits.

Procedural Posture:

Plaintiff Lori L. Vande Zande filed a civil action for declaratory and monetary relief against the Wisconsin Department of Administration and several individual defendants in the U.S. District Court for the Western District of Wisconsin, a federal trial court.
The lawsuit alleged violations of the Americans with Disabilities Act and the Rehabilitation Act of 1973 for failure to provide reasonable accommodations.
Plaintiff abandoned a separate claim for failure to hire or promote.
Defendants moved for summary judgment on all of plaintiff's remaining claims.

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Issue:

Under the Americans with Disabilities Act, does an employer fail to provide a reasonable accommodation by offering an effective, but not the employee's preferred, accommodation, such as providing nearly full-time at-home work supplemented by sick leave, or by providing an accessible alternative to a workplace facility rather than modifying the original facility?

Opinions:

Majority - Crabb, Chief Judge

No. An employer does not fail to provide a reasonable accommodation by offering an effective solution, even if it is not the employee's preferred choice. The ADA requires an accommodation to be reasonable, not perfect or the best possible alternative. For the work-at-home request, providing work for nearly 95% of the time and allowing the employee to use paid sick leave for the remaining 16.5 hours was a reasonable accommodation, as the ADA explicitly includes modified schedules and paid leave as potential solutions. Regarding the kitchenette, providing a convenient and accessible alternative counter and directing the employee to a nearby accessible sink was a reasonable accommodation, as an employer may choose a less expensive but equally effective option over a more costly one like rebuilding the facility. The accommodations provided allowed Vande Zande to perform her job and did not negatively affect her employment status.

Analysis:

This case clarifies the scope of an employer's duty to provide a 'reasonable accommodation' under the Americans with Disabilities Act. The court establishes that the standard is one of effectiveness, not employee preference. This gives employers significant flexibility in choosing among various workable accommodations, allowing them to consider factors like cost and ease of implementation. The decision sets a precedent that an accommodation does not have to be perfect or the 'best' one possible; it simply needs to be sufficient to enable the disabled employee to perform the essential functions of their job.

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