NWA / Delta and the ADA.
When I first got injured I was informed that I qualified for the Accommodations program under Northwest policy and the American with Disabilities Act (ADA).
Title I of the Americans with Disabilities Act of 1990 (the "ADA") requires an employer to provide reasonable accommodation to qualified individuals with disabilities who are employees or applicants for employment, unless to do so would cause undue hardship.
(iii) modifications or adjustments that enable a covered entity’s employee with a disability to enjoy equal benefits and privileges of employment as are enjoyed by its other similarly situated employees without disabilities.”
Under company policy and my union contract I would keep my pay and seniority. Even the ADA hints at that saying equal benefits and privlieges. Equal is not a $1000 a month pay cut and total loss in seniority.
Greg Lambert, the Accommodations Specialist at NWA reached out to me and started the process to find me a new position per contract, policy, and ADA. He explained that under the accommodation program I would keep my seniority and pay and would remain under my current contract.
Lambert continued to work on the process when the company requested that I see a new Dr. This Doctor was actually a physical therapist in a strip mall. That Doctor concluded that I was fat and any injury was my fault. I received a letter from from the insurance company and around the same time Greg Lambert contacted me to let me know I no longer qualified for the Accommodations Program and he would no longer be working with me.
I was let go on the spot from Northwest Airlines because the injury was deemed my fault for being fat. I went and got a lawyer and we filed a case in Work Comp Court. At the same time my direct managers who were bothered by what happened and how it was handled worked at finding me a new job.
Surprisingly, Cantwell found work for me within Northwest Airlines. Unfortunately I would have to be viewed as a new hire which meant I had a total loss of seniority and took a $1000 a month pay cut. The thinking was once I won my case I would return back to my old area at the airport and get my pay and seniority returned.
Northwest Airlines had 2 contract books. Black and Gray. My contract and the accommodations would have kept me under the Black book. Going from Black book to Gray was something you did not do. Under the Accommodations Program they would not have moved me from the Black to Gray. This new job was under the Gray contract. We believed it was equal to getting a job at Walmart or Target. Once I won my case I would return to NWA under the black book and under my contract. This all was explained by Greg Lambert when he first started working with me.
The ADA requires employers to provide reasonable accommodations to individuals with disabilities, including reassignment, even though they are not available to others. Therefore, an employer who does not normally transfer employees would still have to reassign an employee with a disability, unless it could show that the reassignment caused an undue hardship. And, if an employer has a policy prohibiting transfers, it would have to modify that policy in order to reassign an employee with a disability, unless it could show undue hardship.
For over a year I worked at the new job at $1000 a month pay cut. Because my mortgage was based on me making a $1000 a month more I quickly fell behind on my mortgage.
Finally my day in court arrived. A month later the judge gave out her ruling. For me this was the key part. Dr Hope was a top Minnesota surgeon. Dr. Helms was the strip mall physical therapist.
I had won my case. I immediately went to NWA HR and requested that the Accommodations program picked up where it left off.
Requests for reasonable accommodation do not need to be in writing. Individuals may request accommodations in conversation or may use any other mode of communication.An employer may choose to write a memorandum or letter confirming the individual’s request. Alternatively, an employer may ask the individual to fill out a form or submit the request in written form, but the employer cannot ignore the initial request. An employer also may request reasonable documentation that the individual has an ADA disability and needs a reasonable accommodation. An individual with a disability may request a reasonable accommodation at any time during the period of employment.
An employer should respond expeditiously to a request for reasonable accommodation. If the employer and the individual with a disability need to engage in an interactive process, this too should proceed as quickly as possible. Similarly, the employer should act promptly to provide the reasonable accommodation. Unnecessary delays can result in a violation of the ADA.
My repeated requests fell on deaf ears. My requests continued to be ignored as the Delta merger was announced. We were assured that for the transition all contracts would be honored. Within weeks of my court win I was told that my current position would be eliminated and I was given a severance.
Unfortunately, my severance was $3476 short because it was based on my new seniority. My lawyer sent a letter to the insurance company saying as much. The insurance company denied his request.
I had qualified for the Accommodations Program per company policy and under the guidelines of the ADA. My involvement was under the supervision of Greg Lambert.
- May 2007 that process was stopped after it was determined that my weight was deemed to be the cause of my injury.
- April 2008 The Delta/NWA merger announced.
- August 4 2008 the Work Comp Judge overturned their decision and reverted it back to a work comp.
- October 2008 the merger is approved by the Department of Justice.
- March 2009 despite repeated requests to have my seniority and pay restored I was let go again.
- December 2009 the merger is officially complete.
- December 2009 I lost my home and became homeless.
My point for the timeline is to show that my ordeal happened right in the middle of the chaos of the merger. This was a major airline merger impacting thousands all over the world.
As I was on the verge of losing my house my story was getting media attention. People from across the US wrote politicians and even my bank begging them to step in. These were people I had never even met.
December 2009 my story made the front page of the Star Tribune.
I would spent the next three years living in my car. The 2nd week and 2 days before my birthday it was -23.
In 2010 I made national news when I set off on a 48 state road trip to help other homeless. During my trip I visited Delta headquarters to see if there was someone to talk to. At this point Delta had never heard an appeal from me. You can read one of the stories by clicking below. Delta refused to meet.
Sept 2011 Minnesota Senator David Brown learned of my story and asked to meet with me. After hearing my story he walked me down to Governor Daytons office and requested to Dayton’s staff that the two of us meet with Governor Dayton. He was not in at the time and Dayton’s people said they would see what they could do. Sen Brown followed up a couple times with emails.
Repeated attempts by Brown and myself to Dayton’s office were ignored. In 2016 I attended a event that Governor Dayton was at. I talked to Dayton for about 30 seconds and handed his people copies of Sen Brown’s email. Dayton said he would look into it. Months have passed and no word from Dayton’s office.
From 2009 — Current (May 2016) I repeatedly made requests asking Delta to review my situation. Several times during that period I reached out to charities that high ranking NWA officials served on in hopes they could reach out and help.
Finally on December 22, 2015 Delta airline finally responded. THIS WAS THE FIRST RESPONSE I HAVE GOTTEN FROM THE AIRLINES SINCE I WON MY CASE DESPITE REPEATED ATTEMPTS to have my contract, ADA and comppany policy followed. Thats 2696 days for a total of 7 years 4 months 18 days.
According to the ADA
Unnecessary delays can result in a violation of the ADA.
I would argue 2696 days counts as a unnecessary delay. Delta’s response was not a surprise.
First off Delta admits I had made numerous attempts.
Putting myself in Delta’s shoes, everything Melissa from Delta’s perspective is 100% correct.
In Delta’s mind
- October 2008 the merger is approved by the Department of Justice.
- I was let go and given a severance based on my seniority which to them was 2 years with Northwest airlines.
To Delta that is the extent of it, that is all they know and because of that they see no need for an investigation. There is no mention of my court win, no mention of my injury. None of it because my appeals dating back from the second I won my case was ignored.
The fact is, my case should have been a work comp since day one. Northwest Airlines used my weight to attempt to get out of the work comp. A Minnesota Judge ruled that what was done was wrong and lacked “logic and common sense.”
From that moment my seniority and pay should have been returned to what it was. The process started by Greg Lambert under the ADA and my union contract should have immediately restarted.
Because my court win, ADA and contract were ignored, ANY events after August 4 2008 I believe were in violation of the ADA, my court win and contract. Had my managers not found me a job within NWA and I had been working at McDonalds I would have returned to NWA/Delta.
Delta’s response 2696 days after first making a request is based on only a tiny piece of information hence the request for an investigation.
I actually understand Delta’s point BASED on the information they have. Which is why I am calling for an investigation and hoping to work things out.
When Delta merged they inherited NWA’s issues. Planes that needed to be repaired Delta had to repair. They couldn’t simply ignore it. Same thing with contracts and in this case my situation. Just because NWA decided to ignore it and not pass the info on to Delta does not change things.
Delta admits that I have been reaching out for years calling for an investigation. Perhaps had they done so, they would have realized that a court win, a union contract and the ADA were ignored and addressed it back then.
People keep asking why didn’t I get a lawyer? I had one, he was a work comp lawyer, WE WON. Look where that got me.
Delta consideres my case closed despite having never heard the full story. Having spent 3 years homeless I don’t have the funds to hire another lawyer.
I have been saying for years it would take someone who has the ear of Delta to reach someone high enough. Someone like a Dayton or Emmer.
It is my understanding that ignoring my repeated requests dating back to 2008 for the ADA to be followed is a violation of the ADA and thus the law.
I have a couple of reporters interested to see if someone like a Dayton or Emmer makes an official statement and asks Delta for a face to face. Tom Emmer fighting for a little guy who spent 3 years homeless could get some positive press.
Given how it was only a few months ago that Delta responded for the first time. I believe my request to have a sitdown with Emmer or Dayton and Delta is reasonable.
I live my life in constant pain, which I have had no treatment for since 2009 due to being homeless and lack of insurance that would cover it. With the loss of my house my credit was destroyed.
Had the court win been honored I would still be at Delta and making my old pay. Why is that too much to ask for?
