On August 10, 2005, a District of Columbia federal jury today awarded $3 million to Lisa Bremer, a disabled federal employee, who worked at the Department of Commerce until the department revoked her right to telecommute. Ms. Bremer, who was diagnosed with multiple sclerosis in 1991, worked successfully from home for eight years as a lawyer at Commerce by working from home two days a week. During that time, Ms. Bremer was consistently rated “outstanding” and received numerous performance awards. The jury found for the plaintiff on her claim that the department failed to provide her a reasonable accommodation required by law when the department revoked Ms. Bremer’s accommodation. Under the provisions of the Rehabilitation Act, the award will be reduced to $300,000.
Ms. Bremer, formerly a GS-15 attorney in the Economic Development Administration’s (EDA) Office of Chief Counsel, was forced to leave on disability retirement after Commerce took away her reasonable accommodations. Commerce’s own medical officer stated Ms. Bremer’s accommodations were reasonable and medically necessary, but Commerce rescinded them anyway.
Commerce hired Ms. Bremer in 1987. In 1990, she began experiencing difficulty walking and was soon, at the age of 29, diagnosed with MS. Within a few years, Ms. Bremer had to rely on a cane. By 1994, Ms. Bremer had to rely on a walker. By 2002, Ms. Bremer had to rely on a wheelchair.
In 1991, Commerce approved Ms. Bremer’s physician’s request that it accommodate her by placing her on a flexible work schedule. In 1993, Commerce approved the request of Ms. Bremer’s physicians that she be permitted to telecommute two days per week. In 1996, Commerce purchased a motorized scooter for Ms. Bremer to use in the office, because of the rapid deterioration of her walking ability. Ms. Bremer’s physicians considered these accommodations essential given the severity of Ms. Bremer’s MS.
In 2001, Commerce demanded Ms. Bremer provide medical documentation to justify her need for a telecommuting schedule, despite knowing that she had multiple sclerosis and had received “outstanding” performance ratings and performance awards for years. Ms. Bremer provided the requested medical documentation.
In November 2001, Commerce’s own chief medical officer found that Bremer’s medical documentation provided “very strong support” for the continuation of Ms. Bremer’s telecommuting schedule. Commerce revoked Ms. Bremer’s right to telecommute in February 2002, despite the advice of its own medical officer.
Following the advice of her doctors, who feared her condition was worsening, Ms. Bremer did not return to work without these medically needed accommodations. She was forced to retire on federal disability in April 2003. The judge will determine the “equitable relief” to which Ms. Bremer was entitled, such as front and back pay.
Ms. Bremer was represented by Passman & Kaplan founding partner Joseph V. Kaplan. Bremer v. Gutierrez, C.A. No. 1:03CV01338 (D.D.C. 2005).
* This information is provided by the attorneys at Passman & Kaplan, P.C., a law firm dedicated to the representation of federal employees worldwide. For more information on Passman & Kaplan, P.C., go to http://www.passmanandkaplan.com.
The attorneys at Passman & Kaplan, P.C, are also the authors of The Federal Employees Legal Survival Guide, Second Edition, a comprehensive overview of federal employees’ legal rights. To order your copy, go to https://www.fedweek.com/pub/index.php
