“On this record, the jury could reasonably conclude that [the employee’s] termination was retaliation dressed up as a business decision.”
Despite acknowledging the high bar for overturning a jury verdict, the Fourth Circuit found Wells Fargo cleared that bar for three of the four claims brought by a former managing director who was fired not long after requesting a permanent remote work arrangement for his disability—a paralyzed bladder and colon—and who was awarded $22M by the jury. Though the court affirmed the district court’s denial of judgment as a matter of law on his ADA retaliation claim, it found the employer was entitled to JMOL on his failure-to-accommodate claim and his ADA and state-law disability discharge claims. It also affirmed the portion of the award the retaliation claim sustained. Judge Berner concurred in part and dissented in part (Billesdon v. Wells Fargo Securities, LLC, No. 25-1495 (4th Cir. Aug. 21, 2026)).
Throughout his almost 30-year career with Wells Fargo, the employee managed his paralyzed bladder and colon, rising from intern to managing director. Although for many years he never needed an accommodation, around 2017, doctors advised him to begin using a catheter to empty his bladder and laxatives to empty his bowels and his supervisor accommodated his request to sporadically step away from his desk during the workday.
Relocation. The employee began working remotely during the COVID-19 pandemic. During that time, he considered moving to...
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