Microsoft
Loses Disability Case
By Manny
Frishberg
http://www.wired.com/news/business/0,1367,40029,00.html
01:20
PM Nov. 07, 2000 PT
SEATTLE -- The
latest "Microsoft Millionaire" on record hasn't
worked at the company for more than two years.
Tom Davis, a
systems engineer who had worked at Microsoft since 1987 -- and
in the software giant's Original Equipment Makers group for
more than 5 years -- was diagnosed in 1997 with Hepatitis C,
an incurable and potentially fatal liver disease.
A Seattle jury
last week awarded Davis $2.3 million for lost wages and
benefits, including stock options. The jury found that
Microsoft had violated the Washington Law Against
Discrimination by not doing enough to help Davis find a job he
could do in an ordinary work week.
"I was
pretty devastated by the response I got," Davis said of
his treatment by the company. "Having been at Microsoft
for so many years ... I expected that they would help me and
take care of me."
His attorney,
David Hasbrook of the Bellevue law firm of O'Shea Barnard and
Martin, said Davis had been working a 60- to 80-hour work week
before coming down with the illness, but his doctors
recommended he cut back his hours to avoid fatigue and stress
that could imperil his health.
He said Davis
kept asking the job recruiter to tell him which jobs could be
done in a 40-hour week, but the recruiter would not.
Hasbrook said
Microsoft responded, in essence, "There's all these jobs
out here at Microsoft -- tell us if you're interested in any
of them, apply for them, and then, if you're selected as the
final candidate, we will then, and only then, inquire of
whether they can meet your medical restrictions of 40 hours a
week."
Davis
described the process as similar to playing a game of
Battleship, where he was being told to "go find something
hidden, and if you find it we'll tell you."
Matt Pilla, a
spokesman for the company, said he could not discuss the
specifics of the case since he expected Microsoft to appeal.
"We're
really very disappointed with the result," Pilla said.
"The law requires the company, or any company, to inform
employees of other potential job openings when there is a
disability that prevents them from performing their job
duties. We did that."
Pilla said
Microsoft is proud of its record of "going above and
beyond what the law requires in these cases."
He noted that WE
magazine -- which he described as "a pretty big magazine
in the disabled community" -- gave Microsoft its Golden
Ladder Award this year, "which highlights Microsoft as
the number-one company in the nation for going beyond the
Americans With Disabilities Act, when it comes to
accommodating employees with disabilities."
"Obviously,
this is an issue that we're very sensitive to and we feel we
have a good record on it," Pilla said. "In this
case, we just feel that, unfortunately, the outcome wasn't
consistent with the facts that were presented in court."
Now that the
trial is over, Davis, who has not worked for most of the last
three years, said he plans to take care of his health and to
"see what the next challenge is out there."
He said he
still is interested in working in a technology job.
"I love
technology, I hope I always will," Davis said. "I've
been in the business for about 20 years. I still have a few
good years left."
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