September 2023
A San Francisco jury determined the Marriott Marquis hotel must pay $20 million in damages after finding that it failed to engage in an interactive process and to provide reasonable accommodation to one of its disabled employees.
Following a 13-day trial before San Francisco Superior Court Judge Kathleen A. Kelly, the jury awarded former San Francisco Marriott Marquis employee Daniel J. Callahan $3.4 million in past non-economic damages and $1.6 million for future loss of enjoyment of life. The jury also found the plaintiff had proven malice, fraud or oppression by Marriott, and awarded Callahan $15 million in punitive damages.
The jury found the hotel failed to make reasonable accommodations and failed to engage in an interactive process in violation of California laws, according to the verdict form.
"This verdict shows employers that there are serious consequences when they don't follow the accommodation laws," David deRubertis, a lawyer for Callahan, told Law360 on Friday. "Good, local workers get thrown out of the workplace. And juries will hold them accountable through punitive damages for doing that."
Callahan filed the complaint in May 2020 after having worked as a concierge at the San Francisco Marquis Marriott for approximately 30 years.
The suit comes after the hotel failed to help Callahan adapt to a spinal injury, he suffered in 2014. He was out for about a year until he returned to work in January 2015.
After the injury, Callahan had to use a prosthetic device and a cane to move around. Still, he was able to perform his duties and serve the guests as long as he could sit down during the day, according to the complaint. While the hotel showed some willingness initially to accommodate Callahan, such as providing him with a proper chair, other requests were met with reluctance, according to the complaint.
For example, when he requested to park his car closer to the entrance so that he did not have to walk as far, Marriott called the request a privilege and charged him a monthly fee of $275. Similarly, he requested a separate break room since he could no longer walk to nearby restaurants or the employee café. The hotel placed him in a crowded storage area, which required him to maneuver around boxes and other items every time he went on a lunch break. The break room was also further away from his restroom and workstation.
"While continuing to perform the duties of his job at the highest level, Callahan was not treated with any dignity or value," according to the suit.
His situation worsened after the San Francisco Marquis Marriott underwent renovations starting in 2018 and completed the following year. The new desk structures were unsuitable for a disabled person, and there was no leg room to allow the use of a chair while working. The new mats also posed a trip hazard.
The new layout also significantly increased the walking distance to the break area and restrooms, according to the complaint.
When Callahan made suggestions for improvements, management responded with disinterest, he alleged. In 2019, Callahan's physician told him that Marriott's failure to accommodate him was physically harmful to him "and he could no longer continue working at Marriott due to Marriott's persistent failure to accommodate his disability."
