Wells Fargo presents argument to Fourth Circuit in case involving scope of failure-to-accommodate and disability-discharge theories under Americans with Disabilities Act

Client(s) Wells Fargo Bank, National Association

Jones Day presented argument on behalf of Wells Fargo Securities in the U.S. Court of Appeals for the Fourth Circuit, arguing (among other issues) that a plaintiff cannot succeed on an ADA failure-to-accommodate claim when he received his requested accommodation through the end of his employment, and that a claim for disability-discharge requires discrimination based on a plaintiff’s disability, not related effects.

The plaintiff, a former employee of Wells Fargo Securities, requested a work-from-home accommodation as Wells Fargo planned to return to the office post-COVID. But the return continued to be delayed, and the plaintiff was ultimately laid off before the return to office occurred. As Wells Fargo explained at argument, the plaintiff could not recover on a failure-to-accommodate theory because he was always accommodated while employed, and his disability-discharge theory failed since there was no evidence he was laid off because of his disability. Wells Fargo also addressed other arguments, including that there was insufficient evidence to support the plaintiff’s retaliation claim and that there was no evidence supporting the jury’s award of back pay damages.

Billesdon v. Wells Fargo Securities LLC, No. 25-1595 (4th Cir.)