William Downey v. Crowley Marine Services, Inc.

Citations: 236 F.3d 1019; 2001 Daily Journal DAR 153; 2001 Cal. Daily Op. Serv. 105; 11 Am. Disabilities Cas. (BNA) 481; 2001 A.M.C. 695; 2001 U.S. App. LEXIS 29; 2001 WL 6707Docket: 99-35439

Court: Court of Appeals for the Ninth Circuit; January 3, 2001; Federal Appellate Court

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William Downey appeals the summary judgment granted to Crowley Marine Services, Inc. regarding his employment discrimination claim under the Washington Law Against Discrimination. Downey began employment with Crowley in 1989, becoming a marine operations engineer in 1991, a role that required significant physical exertion. After being diagnosed with multiple sclerosis (MS) in 1993, he informed his supervisors of his condition, assuring them he would withdraw from work if necessary for safety. 

Downey worked without symptoms through 1994, but by the 1995 season, his MS worsened, necessitating hospitalization and medical leaves. By fall 1995, Crowley management concluded Downey could not safely perform his job based on his prior discussions and feedback from his doctors, who indicated he could not return to work without risking injury. Despite his declining health, Downey submitted an "intent to return" form for the 1996 season and expressed a desire to continue working. However, due to financial difficulties and the requirement from Crowley to resign in order to access his 401(k) funds, he resigned on February 29, 1996, after which his 401(k) distribution was approved. The appellate court reversed the district court's decision and remanded the case for trial.

On February 6, 1998, Downey filed a lawsuit against Crowley in King County Superior Court, claiming failure to accommodate and wrongful termination under the Washington Law Against Discrimination and common law for emotional distress. Crowley removed the case to the Western District of Washington, citing diversity jurisdiction. The district court granted summary judgment to Crowley on the failure to accommodate claim but denied it on the wrongful termination claim, which Downey later voluntarily dismissed with prejudice. A judgment for Crowley was entered on April 15, 1999, and Downey appealed the summary judgment ruling.

The appellate court reviews the district court's summary judgment de novo, assessing whether any genuine issues of material fact exist and whether the law was correctly applied. Washington law mandates that employers have an affirmative obligation to reasonably accommodate disabled employees, which includes assisting them in identifying and applying for suitable job openings. By fall 1995, Crowley was aware that Downey had multiple sclerosis and that his condition had worsened, making him unable to perform his job. Despite this knowledge, Crowley did not take steps to assist Downey in finding other suitable positions within the company. The court found that Crowley's duty to take positive action was indeed triggered under the circumstances.

An employer's obligation to provide reasonable accommodation for an employee's disability in Washington begins as soon as the employer is aware of the disability, as established by the Washington Supreme Court. The employee must notify the employer of the disability to trigger this duty, but it is not necessary for the employee to formally request an accommodation. In a relevant case, the court ruled that an employer had a duty to engage with an employee regarding available positions, even when the employee did not express interest in those positions, once the employer knew of the employee's disability. The Washington Law Against Discrimination supports the principle that an employee's failure to request an accommodation does not relieve the employer of its responsibilities. 

In the case at hand, the district court granted summary judgment for Crowley, concluding that Downey's statement about notifying them of his condition's deterioration implied he preferred to remain in his position. However, this reasoning was flawed; once Crowley was aware that Downey's condition affected his ability to work, they had a duty to explore and assist him in applying for suitable positions within the company. Consequently, the court erred in granting summary judgment, as there remains a genuine issue of material fact regarding the availability of jobs Downey could perform, leading to a reversal of the decision and a remand for trial.

The court has reversed and remanded the case, with Judge William W. Schwarzer presiding. The dispute between Downey and Crowley centers on whether Crowley led Downey to believe he was terminated in September 1995 and later reassured him of his employment status, but this issue is not critical to the court's analysis. Under Washington Revised Code 49.60.180, it is deemed unfair for employers to discriminate based on various factors including age, sex, race, and disabilities, unless the disability hinders job performance. Crowley, a Delaware corporation based in California, dismissed Downey's emotional distress claims, which Downey did not contest. 

Crowley cites Washington case law indicating that employers are not obligated to accommodate employees unless they are aware of the employee's disability. Although Downey mentioned experiencing pain and sought a job transfer, he did not provide specific details regarding his condition to Crowley. Crowley's argument that accommodation requests are necessary for the duty to accommodate is rejected, as Washington law differs from federal interpretations of the ADA, requiring only notice of disability to trigger accommodation obligations. In Washington, if the employer knows of the disability, they must engage in the interactive process to identify reasonable accommodations. Crowley contends that its provision of medical leave was sufficient for Downey’s multiple sclerosis (MS), but the court determined that once it was clear Downey could not return to his role, Crowley was obligated to assist him in finding alternative positions.