Former Salem employee sues city for $640,000, alleges discrimination

A former Salem employee is suing the city for $640,000, accusing staff of discrimination and not accommodating his physical disability. 

In a complaint filed Wednesday through his attorney, Carson Quam accused the city of refusing to accommodate his need for an ergonomic desk and voice recognition software when was a hired as a city planner in April 2018.

Quam was fired after his probationary period ended, with his supervisor citing "poor performance".

But he insists the performance issues cited were a direct consequence of him being forced to work through severe pain.

"Mr. Quam was terminated because of his disability," his attorney Jose Klein said in the complaint. 

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Complaints against employers alleging disability discrimination are one of the most common cases seen by the Bureau of Labor and Industries' Civil Rights Division. 

Disability discrimination complaints accounted for 44 of the 137 employment cases opened in November — more than any other basis, including race, marital status, age and whistleblowing. 

BOLI officials said Friday they had not received a complaint involving Quam and the city of Salem. 

City officials declined to comment on the pending litigation, but said they take their obligations under the American’s with Disability Act seriously and provide reasonable accommodation where requested.

Before he was hired, Quam informed city staff that he needed an ergonomic desk and voice software because of his disability.

"He suffered from physical impairments that affected major life activities like being able to sit at a desk and to use a computer keyboard for prolonged periods," Klein said. 

Quam provided medical certification of his needs to city staff, who assured him the accommodations were reasonable and could be arranged, according to the complaint. 

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On his first day of work, Quam brought his own copy of voice recognition software and discovered his workstation was not adequate for his needs, forcing him to work in a hunched-back position. 

He placed his computer monitor on several reams of paper to temporarily fix the problem, but began to have severe nerve pain and muscle tightness. 

The pain would increase during his time working for the city, he said.  

Quam received a review two months into his employment that cited several problems with his work performance. 

"The alleged inadequacies of Mr. Quam’s performance were all issues that would have been resolved had (he) been provided with an appropriate workstation where he could adjust his workstation to ameliorate his physical pain and make regular use of voice recognition software," said Klein in the complaint.

When Quam arrived to work on July 10, he was fired.

"Without the accommodations he needed, Mr. Quam was never given an equal opportunity to succeed," his attorney said.

The complaint alleges the city violated Oregon law by discriminating against Quam and refusing to provide reasonable accommodation for his disabilities. 

Quam is requesting an amount no less than $140,000 for lost income and no less than $500,000 for mental stress, humiliation, inconvenience and loss of enjoyment of life. 

In addition to compensation, Quam also asked for the expungement of all negative references and allegations of performance deficiencies in his personnel file. 

He requested the court issue a declaration that the City of Salem had violated his legally protected rights and an order requiring the city to correct this issue. 

Federal and state law protects people with disabilities, by prohibiting discrimination in hiring and requiring employers to provide reasonable accommodations in the workplace. 

Those facing illegal discrimination against on the basis of a protected class or protected activity can contact BOLI's Civil rights division by phone 971-673-0764 or email crdemail@boli.state.or.us.

After peaking at 665 disability-related complaints in the 2014-2015 fiscal year, such cases are on the decline, according to BOLI data. 

By fiscal year 2017-2018, only 544 cases had been filed. 

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Year after year, disability complaints have accounted for a large chunk —roughly 30 percent — of filings investigated by BOLI.

Protected classes include race, veterans, religion, retaliation, sex and pregnancy-related conditions, age and physical and mental disabilities. 

Under the Americans with Disabilities Acts and state disability laws, employers are not required to hire a person with disabilities.

Rather, they are prohibited from discriminating in hiring people with disabilities who are qualified and who can perform the essential functions of a job with or without reasonable accommodation.

For questions, comments and news tips, email reporter Whitney Woodworth at wmwoodwort@statesmanjournal.com, call 503-399-6884 or follow on Twitter @wmwoodworth