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Zollinger v. Boeing Co.12/17/2001
Jeanine Zollinger sued her employer, The Boeing Company, for failing to accommodate her disability as required by the Washington Law Against Discrimination (WLAD), chapter 49.60 RCW. Zollinger claimed Boeing had two reasonable means of accommodating her: moving her to another position or modifying her existing position to conform to her medical restrictions. Zollinger tried her case to a jury, but the trial court granted judgment as a matter of law at the close of her case. The court ruled that Zollinger had produced insufficient evidence regarding vacant positions for which she was qualified and that she had failed to produce evidence tending to show that her proposed restructuring of her existing position was feasible.
We conclude that Zollinger presented sufficient evidence of available, reasonable accommodations at Boeing to shift the burden of proof to Boeing to show that her proposed accommodations would constitute an undue hardship. Accordingly, we reverse and remand the case for a new trial.
FACTS
Jeannine Zollinger worked for Boeing as an interior installer on the 'final assembly' line. Her specific assignment was to 'galley shakedown' on Boeing 747 airplanes. In that capacity, she was responsible for cleaning kitchen areas after their installation and repairing any damage that occurred during the construction process.
Zollinger suffered from a number of work-related injuries for which she sought accommodation from Boeing. In 1991, she fell at work and injured her wrists and right knee. This caused trouble kneeling, squatting, climbing ladders, and staying on her feet for extended periods. Her wrist injuries made it difficult for her to apply repetitive pressure with her hands.
Boeing granted Zollinger a number of medical leaves after her injury . In addition, Zollinger and her doctors had various interactions with Boeing staff during the relevant time period regarding her disabilities and possible accommodations.
During the relevant time period, Boeing was staffing workers on its new 777 production line. This new project required workers for every phase of production, including 'vinyl repair.' Zollinger testified that in 1992 she applied for a transfer to a vinyl repair position for the upcoming 777 project. Zollinger subsequently took a medical leave for surgery.
In June 1993, Zollinger's doctor approved her to return to work in vinyl repair.
Boeing staff conducted a job analysis and determined that the vinyl repair position might require work beyond Zollinger's medical restrictions. Boeing medical staff also testified they were concerned that Zollinger's doctor was releasing her for the job she wanted rather than the job she could perform. Another Boeing employee, Sabrina Jefferson, testified that from her observations, other available positions, including vinyl repair work, would have involved much less repetitive hand use, kneeling, or ladder climbing than Zollinger's job. Boeing's ergonomically designed vinyl repair 'crib' had a table higher than a normal work bench so that workers did not have to bend over to work. Because the worker in the crib repaired pieces after they were removed from the aircraft, he or she did not have to kneel, climb ladders, or do other tasks inside the plane. Jefferson testified that this type of work was available on the 747 line during the 1993-94 time period. Several witnesses testified that Zollinger was qualified to do vinyl repair work. Zollinger, who had experience in vinyl repair, also testified that she could have performed that job with her medical restrictions.
Zollinger never transferred to another position, but instead returned from
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