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Oaksford v. First Data Merchant Services Corp.12/12/2005
Appellant Imae Oaksford argues that her disability discrimination claim against her employer for failure to provide reasonable accommodation should not have been dismissed on summary judgment. Because the employer's offer of accommodation was reasonable as a matter of law, we affirm the trial court's summary judgment order.
After the trial court granted summary judgment, Oaksford moved to amend her complaint to add a claim of disparate treatment disability discrimination. The trial court denied her motion to amend and also denied her subsequent motion for reconsideration. The cause of action was not supported by the allegations set forth in the complaint and the motion to amend was untimely; thus, we conclude that the trial court did not abuse its discretion in denying these motions.
FACTS
Oaksford began employment with First Data Merchant Services Corporation as an account executive in January 2001. First Data sells credit card processing services to merchants; account executives contract with merchants for First Data's services. First Data has a contractual relationship with Wells Fargo banks, and most of its account executives maintain relationships with Wells Fargo banks in their assigned sales territories. Some account executives regularly work out of Wells Fargo branches for varying amounts of time each week and train its employees to cross-sell First Data services along with Wells Fargo services to business customers. Account executives may receive referrals from the banks they work in, and they use those referrals to help them meet their required quota of sales; account executives also perform cold calling to meet quota.
Oaksford was hired as an account executive in Eastern Washington. She worked with several Wells Fargo branches in her territory, received referrals from bank employees, and performed cold calling to meet her quota. She estimated that she worked 60 hours a week, spending approximately two hours a week in a bank branch and the rest of her time Spounding the pavement.'
In January 2002, Oaksford was working in a Wells Fargo branch during a robbery. No shots were fired and fortunately no one was injured, and the robber fled after collecting an undisclosed amount of money. Oaksford was diagnosed with posttraumatic stress disorder after this incident, took four months' leave from work, and was treated by a psychologist. While she was away from work, First Data redistributed other employees to cover Oaksford's territory.
In May 2002, Oaksford's psychologist determined she was able to return to work but that she could not physically enter bank branches because of her disorder. Oaksford called First Data's human resources department to arrange her return to work and to notify the company of her disorder. The human resources staff member assured Oaksford she would be able to stay employed and not be required to enter banks and then discussed Oaksford's limitations with Oaksford's supervisor. Together they determined that Oaksford could retain her job as an account executive and only perform cold calling. Under this arrangement, she would not receive referrals from the banks because she was not able to enter the bank branches.
When Oaksford called her supervisor to discuss her return to work, he proposed that she return to First Data as an account executive, selling entirely by cold calling. Oaksford objected to this arrangement because she did not believe it was possible for her to meet quota without bank referrals. She told her supervisor that she could maintain her relationships with the bank without physically entering the bank by meeting off-site for training sessions and phoning and e-mailing bank
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