For more information please call  800.727.2766

 

Case to Watch: Whether Employers Must Consider AI as a Reasonable Accommodation

Angeliz E. Bruno Cedeno is suing Walt Disney World Parks and Resorts for disability discrimination. Cedeno experienced postpartum eye impairments, including light sensitivity and astigmatism, after giving birth. Her doctor prescribed Meta smart glasses to help ameliorate these conditions because they reduced glare and improved her ability to focus. Cedeno wore the smart glasses for months during her shifts as a security host at Disney World. However, when her manager discovered that Cedeno’s smart glasses were not traditional eyeglasses, they summoned her to a closed-door meeting to discuss it. Cedeno alleged that this discussion then continued openly in front of her co-workers, which she found humiliating. Cedeno asked for written confirmation that she could continue wearing the glasses but  did not receive a response. So, Cedeno filed a formal ADA accommodation request and provided Disney with her doctor’s prescription. Disney World decided to ban the use of smart glasses for all employees and ostensibly denied Cedeno’s request.

Cedeno filed a charge of discrimination with the EEOC. She alleged that Disney retaliated against her for filing an  accommodation request, including that supervisors pulled her aside, called her “rude,” and brought her into disciplinary meetings. Other Disney employees allegedly continued to wear electronic devices, such as smartwatches, without any issue.

What to watch: Whether the courts will interpret the ADA’s reasonable accommodation obligation to include accommodations with AI devices. The ADA requires employers to provide reasonable accommodation for employees with disabilities, absent undue hardship. Employers must engage in an interactive process when they receive a request for accommodation. They are required to explore feasible accommodations before completely denying or restricting an accommodation request. New AI technologies present unique challenges for employees because these devices collect data about what is happening around them. That data also raises privacy concerns for other employees (or Disney guests).