[PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

________________________

No. 19-10663

________________________

D.C. Docket No. 0:15-cv-62065-WJZ

CHRISTINE D’ONOFRIO, 

 Plaintiff-Appellant,

 versus

COSTCO WHOLESALE CORPORATION,

 Defendant-Appellee.

_________________________

Appeal from the United States District Court

for the Southern District of Florida

________________________

(July 6, 2020)

Before WILSON, MARCUS, and BUSH,* Circuit Judges.

BUSH, Circuit Judge:

* Honorable John K. Bush, United States Circuit Judge for the Sixth Circuit, sitting by 

designation.

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This case concerns the obligations of an employer to accommodate a deaf 

employee under the Florida Civil Rights Act of 1992 (FCRA), § 760.01 - § 760.11. 

The dispute arose after Costco Wholesale Corporation terminated the employment 

of Christine D’Onofrio, who has been deaf since birth. She sued Costco in Florida 

state court for violations of the FCRA, and Costco removed the case to federal court. 

The trial ended with a jury verdict in Costco’s favor on one count of wrongful 

termination, but against the company on D’Onofrio’s failure-to-accommodate claim, 

which is the subject of this appeal. As to this latter claim, the district court granted

Costco’s motion for judgment as a matter of law and, in the event that this judgment 

were to be reversed on appeal, conditionally granted Costco’s motion for a new trial 

based on the verdict being against the great weight of the evidence.

For the reasons explained below, we agree with the district court that there 

was insufficient evidence to support the failure-to-accommodate claim. Therefore, 

we AFFIRM the district court’s grant of judgment as a matter of law to Costco 

pursuant to Federal Rule of Civil Procedure 50(b). In light of this holding, we need 

not address D’Onofrio’s second appeal related to the court’s conditional grant of 

Costco’s new-trial motion.

I.

A. D’Onofrio’s Employment at Costco: 1989 to 2011

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In 1989 D’Onofrio started her employment at Costco’s Davie, Florida 

warehouse. (Doc. 79, p. 9; Doc. 116, p. 190). There, she worked for approximately 

14 years, during which about 15 to 20 people at different times served as her 

manager. (Doc. 117, pp. 10-11, 18). None of these supervisors had any difficulty 

communicating with her, and she never filed any complaint with Human Resources 

about any of them. (Id., pp. 11-12). 

In 2003, D’Onofrio transferred to another Florida-based Costco warehouse,

in Pompano Beach. She acknowledged that, for many years in this job, she had no 

“issues with managers involving communication,” and “was able to communicate 

with managers and coworkers effectively” and “successfully.” (Doc. 117, pp. 22, 

24-25). D’Onofrio’s performance evaluations prior to 2012 attest to these facts. 

(Doc. 118, pp. 67-79; Doc. 112-4-7). She testified that as of “June 2011,” she “was 

very happy” with her employment at Costco. (Doc. 117 p. 25). In addition, during 

this period, there were relatively few behavioral incidents involving D’Onofrio. 

In fact, there were only two such incidents reported. The first, in 2007, 

involved an argument between D’Onofrio and another employee. (Doc. 117, pp. 26-

32). For this encounter, D’Onofrio received an “Employment Counseling Notice”—

Costco’s version of an employee warning. (Id.). The second incident, in 2011, 

involved D’Onofrio’s allegation that another Costco employee had hit her with a 

scrubber. When D’Onofrio complained to Costco, she was told to steer clear of the 

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employee in question. Upon investigation of the matter, however, Costco ultimately 

concluded that D’Onofrio had not been struck; therefore, the company took no action 

against the other employee. (Doc. 117, p. 33; Doc. 120, pp. 168-71). 

B. D’Onofrio’s Employment Concerns Related to Her Deafness: 2012

During the summer of 2012, the work situation changed for D’Onofrio. She 

began to experience “difficulties with Alan Pack,” (Appellant Br. at 8), the new 

general manager. (Doc. 116, p. 34). According to D’Onofrio, Pack “mumbled, 

ma[de] lip-reading impossible, refused to communicate with her in writing, ignored 

her when she tried to talk to him, ridiculed her for talking with her hands, ‘smirked’ 

over her attempts to communicate, and was sarcastic.” (Id. (citing Doc. 117, pp. 34-

38)). This conduct led D’Onofrio to “invoke[] the company’s ‘open door policy’ 

that allowed employees to lodge complaints with their managers’ higher-ups.” (Id. 

(quoting Doc. 119, p. 200)); (see Doc. 119, p. 200; Doc. 118, p. 134; Doc. 120, p. 

162); (see also Jnt. Exh. 1, p. 11) (Costco Employee Agreement, § 2.1.)). D’Onofrio

“thought ‘it [was] vital [] to have access to communication about my workplace,’ 

and believ[ed] that” accessing the open-door policy was necessary because “she had 

‘exhausted the chain of command’ at the store with no resolution.” (Id.).

Accordingly, on November 20, 2012, D’Onofrio wrote a letter to Costco’s 

Chief Executive Officer (CEO), Craig Jelinek, informing him of her communication 

issues with Pack. (Doc. 117, p. 38; Doc. 99-43). Pack’s treatment of her was 

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“causing her great mental, physical, and emotional stress.” (Appellant Br. at 8);

((See Jnt. Exh. 5) (Nov. 20, 2012 letter) (see also Doc. 117, p. 41).1

 D’Onofrio 

explained to Jelinek that “[a]s a born deaf person, I have always been able to 

communicate with my managers. I am a lip reader and can speak well.” (Id.). She

appeared to be suggesting that the types of problems she was experiencing with Pack 

were new.2

The day after Jelinek received D’Onofrio’s letter, he and Steve Powers, 

Costco’s Vice President and Regional Operations Manager, reached out to schedule 

a meeting so D’Onofrio could voice her concerns related to Pack. (Doc. 117, p. 

147). Shortly thereafter, in December 2012, Powers and Angela LiCastro, a member 

of Costco’s Human Resources Team, traveled to Fort Lauderdale, Florida to meet 

personally with D’Onofrio and investigate her complaint. (Id. pp. 147-48). During 

the meeting, D’Onofrio described her communications issues with Pack. To help 

resolve these concerns, she made two requests of Powers and LiCastro: (1) that Pack 

be transferred to a different Costco warehouse, and (2) that all Costco managers be 

trained on deaf culture. (Id. pp. 40, 42-43, 149). D’Onofrio did not ask Powers or 

1 When asked at trial to explain the letter, D’Onofrio responded: “how am I supposed to solve a 

problem with someone who refuses to communicate with me? And he was the only one who 

refused to talk to me was Alan Pack.” (Doc. 117, pp. 39-40).

2 D’Onofrio testified that she had “always been able to communicate with all of [her] managers” 

before Pack. (Doc. 117, p. 38). 

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LiCastro for any other specific accommodation that might help her improve her 

communications with Pack. (Doc. 117, pp. 40, 149-150). 

C. Costco’s Response to D’Onofrio’s Concerns 

1. Installation of Video Remote Interpreting Equipment

Immediately after the meeting, Costco implemented several new measures, 

including: (1) installing Video Remote Interpreting (VRI) equipment in two 

locations at the Pompano Beach warehouse; and (2) subscribing to a VRI service.

(Id. pp. 151-53). A VRI service uses remote online sign language interpreters, who 

can be contacted by way of video phone to facilitate communication between a deaf 

individual and a hearing individual, both of whom are on the other end of the call

from the interpreter. (Id.). Costco felt that VRI would assist D’Onofrio in her 

communication with Pack and other managers, given the equipment could interpose 

a qualified interpreter between the two parties. To make the VRI more accessible, 

Costco installed the equipment in two locations within the Pompano Beach 

warehouse: the managers’ office, where informal coaching meetings, counseling 

notices, and performance reviews typically occurred, (Doc. 118, pp. 8-9), and the 

pharmacy consultation room, which was located close to D’Onofrio’s work space. 

(Id. pp. 9-10). Lastly, Costco ensured that D’Onofrio received VRI training. (Doc. 

117, p. 53).

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Witnesses introduced by Costco at trial, including Dr. Shana Williams, 

Director of the Center for Hearing and Communication,3 spoke of the effectiveness 

of VRI as a medium to facilitate communication between D’Onofrio and her 

managers during group sessions. Williams testified that in most situations, VRI is 

just as effective as an on-site interpreter for communicating with a deaf individual. 

(Doc. 117., pp. 82-83, 91, 109-11). Williams also testified that while on-site 

interpreters would be the most preferable medium of interpretation in large-group 

meetings, such interpreters are by no means mandatory; VRI can be an effective

alternative in such settings, even if it functions less efficiently than an on-site 

interpreters. (Id., pp. 109-11).

D’Onofrio initially considered the installation of the VRI equipment to be 

positive and “good.” (Doc. 117, pp. 53, 60). However, as D’Onofrio herself reports, 

immediately after Costco began using VRI, she began thinking, “I don’t have a 

communication problem, what do we need this for[?]” (Id. p. 68 (emphasis added)). 

D’Onofrio testified that she had never asked for the VRI equipment, nor did she need 

the equipment because she “could communicate.” (Id., p. 75; Doc. 118, pp. 13, 46).4

2. Deaf-Culture Training: March 2013

3 Williams also conducted the March 1, 2013 deaf-culture training that was requested by 

D’Onofrio.

4 On the other hand, however, non-expert witnesses produced by Costco, including Williams, 

testified that the VRI served as an effective tool to facilitate communication between D’Onofrio 

and her managers during group sessions. 

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Honoring D’Onofrio’s request for deaf-culture training, Costco arranged for 

instruction to be provided by the Center for Hearing and Communication in Fort 

Lauderdale, Florida on March 1, 2013. The central objective of the training was to 

facilitate an interactive and open discussion on deaf culture and good 

communication practices with deaf individuals. (Doc. 117, pp. 152-53). The 

managers in D’Onofrio’s immediate chain of command attended the session. (Id., 

p. 155; Doc. 121, p. 83).

As part of the training, Williams made a number of suggestions to assist 

D’Onofrio in her communication during Costco’s large-group meetings (i.e., 

“inventory meetings” and “warehouse meetings”) going forward. First, as to largegroup meetings, Williams suggested that Costco should consider providing 

D’Onofrio with an on-site interpreter, given that the VRI technology is considered 

less effective in this setting. (Doc. 121, pp. 109, 147). Although Williams made 

clear there was no definitive number of people as to constitute a “group,” in her 

opinion, any gathering of three or more people could be considered a benchmark. 

Id. Second, Williams suggested that Costco designate a small group of no more than 

three managers, with whom D’Onofrio was already comfortable, to act as the 

primary conduits for her day-to-day work interactions. These interactions would 

include providing directions to D’Onofrio, as well as serving as go-to contacts for 

questions or concerns she might have. (Doc. 121, p. 90). However, D’Onofrio 

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testified that when Williams proposed the three-manager team, she immediately felt 

the measure was unnecessary. (Doc. 117, p. 60) (“So first [Williams] asked me who 

I wanted to communicate with. And I said I’m fine with everyone. Again my job is 

to communicate with everybody. But, [Williams] went ahead and picked three 

people out of the audience.”).

a. Proposal One: On-Site Interpreters

After the March 1, 2013 meeting, Costco arranged for on-site interpreters at

large-group meetings but not for counseling or coaching sessions D’Onofrio 

attended. (Doc. 119, p. 95; Doc. 120, p. 217; Doc 122, p. 59). She argues that many 

of those sessions included at least three individuals, which, to her, meant that on-site

interpreters should have been provided on those occasions as well (as opposed to 

simply the VRI technology being available). (Doc. 117, p. 76). Costco counters that 

in the few counseling or coaching sessions involving three or more people present, 

VRI was still an appropriate measure, given that these sessions were limited to 

discussions between just two people (including D’Onofrio), with all others in the 

room observing silently. (Doc. 119, pp. 111-12; Doc. 122, pp. 36, 54-56, 158-59).

b. Proposal Two: Limiting D’Onofrio’s Communications to a 

Three-Manager Team

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Implementing Williams’s second proposal, Costco also agreed to limit certain 

communications with D’Onofrio to a specific three-manager team, composed of 

Assistant General Manager Ainsley Brown, Hardlines Manager Carol Sivon, and 

Pharmacy Manager Jeff Weisler. (Doc. 117, pp. 60-64; Doc. 118, p. 182; Doc. 120, 

pp. 43-50). This accommodation, however, came with certain qualifications, one 

being that the three-manager team arrangement should not be considered an excuse 

for D’Onofrio to avoid certain Costco managers, including Pack. (Doc 121, pp. 90, 

115). The aim of the arrangement was to facilitate D’Onofrio’s expanded 

communication with other managers, as opposed to limit it. (Id. at 115). Sivon 

underscored this objective, testifying that Powers had explicitly requested that 

D’Onofrio not refuse to take instructions or directions from other managers in the 

future. (Doc. 122, pp. 157-58).

Yet, even with these explicit warnings, D’Onofrio refused after the training to 

interact with Pack. (Doc. 120, pp. 48, 50, 55, 57). This resistance led LiCastro to 

contact D’Onofrio by letter on May 13, 2013, informing her that the three-person 

arrangement was no longer feasible. This meant that going forward, D’Onofrio 

would be expected to communicate with, and take directions from, Pack. (Id., p. 30; 

Doc. 99-3). Yet, it appeared the functional effect of LiCastro’s letter was null, given 

the three-manager arrangement continued beyond May 13, 2013. (Doc. 117, p 87). 

D. Alan Holliday’s Transfer to the Pompano Beach Warehouse: April 2013

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In April 2013, Alan Holliday transferred to the Pompano Beach warehouse, 

assuming the role of merchandise manager. (Doc. 122, p. 20). Holliday was a direct 

supervisor of D’Onofrio, meaning the two interacted every day that they worked 

together. (Id. pp. 20-21). Holliday had not been able to attend the March 1, 2013 

training because it predated his transfer. Nonetheless, D’Onofrio admitted that she 

had no problems communicating with Holliday, and actually got along well with 

him for the first several months that the two worked together. (Doc. 118, p. 13; Doc. 

122, p. 20). Holliday came to the Pompano Beach warehouse with some knowledge 

of sign language and a degree of familiarity with deaf culture, given he grew up with 

a close relative who was deaf, and had socialized with the relative’s immediate deaf 

community. (Doc. 118, p. 13; Doc. 122, pp. 21-22, 47). Holliday also was familiar 

with VRI, having used VRI devices previously. (Doc. 122, p. 22). Upon his arrival 

to the warehouse, Holliday received a tutorial from Pack in the VRI technology 

available in the vicinity. (Id.). 

1. D’Onofrio’s Employment under Holliday: August 28 to October 

18, 2013

There were, as noted, only two reported behavioral incidents involving 

D’Onofrio between 2003 and 2012, but the situation changed while she was under 

Holliday’s direction. Although they had gotten along well at the outset of his tenure 

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at the Pompano Beach warehouse, D’Onofrio testified that, in the fall of 2013, 

Holliday began repeatedly to accuse her of being loud, angry, and insubordinate. 

She also received a “flurry” of Employment Counseling Notices (ECNs) from 

Holliday, relating to her behavior on the floor of Costco and in ECN meetings. 

Appellant Br. at 18. This conduct included D’Onofrio’s reportedly talking loudly, 

yelling, being aggressive, demanding eye contact and making dramatic and emphatic 

gestures. At ECN meetings in particular, D’Onofrio was twice suspended for 

insubordination and unbecoming conduct, first on September 6, 2013 (Doc. 117, pp. 

82-83; Jnt. Exh. 20), and again on October 18, 2013. (Doc. 117, p. 93; Jnt. Exh. 27).

Between August 28 and October 18, 2013, D’Onofrio was coached and 

counseled on a number of occasions for inappropriate and insubordinate behavior. 

(Doc. 99, pp. 30, 32-34). Although VRI was made available to D’Onofrio for all of 

these coaching and counseling sessions, (Doc. 119, pp. 21, 27, 29, 103, 112, 116, 

120-2), she frequently refused to use the technology. (Doc. 122, pp. 25, 29, 35, 40, 

132, 163, 165-66); (Doc. 118, pp. 13, 42; Doc. 122, pp. 25, 35, 40, 163, 166). In 

fact, even when asked explicitly by her managers to use VRI, D’Onofrio responded,

“why is everybody making such an issue about the VRI. I don’t [need] it. There is 

no communication issue. Just talk to me.” (Doc. 117, p. 75). During several 

counseling or coaching sessions, D’Onofrio even turned off, or attempted to turn off, 

the VRI phone. (Id. p. 81; Doc. 118, p. 42; Doc. 122, pp. 25, 35, 166).

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2. D’Onofrio’s Suspension and Termination: October 2013

On October 18, 2013, D’Onofrio was suspended for repeated policy 

violations,5 pending a review of possible termination. (Doc. 99, p. 39). Five days 

later, Pack met with D’Onofrio, informing her that her employment was being 

terminated for excessive policy violations. (Doc. 99, p. 9; Doc. 117, p. 97). At the 

October 23, 2013 meeting, D’Onofrio requested an in-person interpreter, which 

Costco provided. (Doc. 117, p. 98). 

E. Procedural History

Approximately two years following her termination from Costco, D’Onofrio 

filed a lawsuit against Costco in Florida state court. She advanced two causes of 

actions, arguing she was discriminated and retaliated against, in violation of Florida 

Civil Rights Act of 1992, Fla. Stat § 760.01 – § 760.11.6

 (Doc. 1, p. 1). Costco 

removed the case to the U.S. District Court for the Southern District of Florida on 

the basis of diversity jurisdiction. 

The case was tried before a jury from May 29 to June 11, 2018. At the close 

of D’Onofrio’s case, Costco moved for judgment as a matter of law (JMOL) 

pursuant to Federal Rule of Civil Procedure 50(a). The district court denied Costco’s 

motion and sent the case to the jury. The jury found in Costco’s favor on 

5 These policy violations related to specific job-related responsibilities held by D’Onofrio, and 

they did not relate specifically to her refusal to use the VRI technology.

6 The discrimination action under the FCRA is the only claim relevant to this appeal.

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D’Onofrio’s claim that she was illegally fired because of her disability and in 

retaliation for internal complaints she raised about discriminatory treatment she 

allegedly endured. (Doc. 103; Doc. 124, pp. 118-21). However, the jury found in 

favor of D’Onofrio on her failure to accommodate claim under the FCRA. Based 

on Costco’s liability, the jury awarded D’Onofrio $750,000 for emotional pain and 

mental anguish, and $25,000 in punitive damages.

Costco renewed its JMOL motion, pursuant to Federal Rule of Civil 

Procedure 50(b), and alternatively moved for a new trial or remittitur. (Doc. 126; 

Doc. 127). The district court granted Costco’s renewed JMOL motion and 

conditionally granted its new trial motion in the event that the JMOL were reversed 

on appeal. (Doc. 140). The district court concluded that no reasonable jury could 

find that Costco did not provide a reasonable accommodation to D’Onofrio, as

Costco provided VRI devices in two locations within the Pompano Beach 

warehouse, the March 1, 2013 deaf-culture training for warehouse managers in 

D’Onofrio’s immediate chain of command, and on-site interpreters in certain 

situations, including group meetings. (Doc. 140, p. 17). The court also conditionally

granted Costco’s motion for a new trial, reasoning that the great weight of the 

evidence was against the jury’s verdict. (Doc. 140, pp. 26-27). 

II.

A. Standard of Review

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This Court reviews de novo the district court’s grant of Costco’s motion for 

judgment as a matter of law pursuant to Federal Rule of Civil Procedure 50. Abel v. 

Dubberly, 210 F.3d 1334, 1337 (11th Cir. 2000) (per curiam). A court should enter 

a JMOL only when there is “no legally sufficient evidentiary basis for a reasonable 

jury to find for [the nonmoving] party.” Home Design Servs., Inc. v. Turner Heritage 

Homes Inc., 825 F.3d 1314, 1320 (11th Cir. 2016) (alteration in original) (quoting 

Reeves v. Sanderson Plumbing Prods., Inc., 530 U.S. 133, 149 (2000)). 

B. Florida Civil Rights Act of 1992 

Given the parallel structure of the statutes, this Court analyzes state-law 

disability discrimination claims under the FCRA using the same framework as it 

does for claims made under the federal Americans with Disabilities Act (ADA). 

Samson v. Fed. Exp. Corp., 746 F.3d 1196, 1200 n. 2 (11th Cir. 2014); see Holly v. 

Clairson Indus., LLC, 492 F.3d 1247, 1255 (11th Cir. 2007). To prevail on a failure 

to accommodate claim under the FCRA, D’Onofrio must demonstrate by a 

preponderance of the evidence that (1) she was a qualified individual with a 

disability; (2) she made a specific request for a reasonable accommodation; and (3) 

her employer, Costco, failed to provide a reasonable accommodation, or engage in 

the requisite interactive process in order to identify a reasonable accommodation. 

Gaston v. Bellingrath Gardens & Home, Inc., 167 F.3d 1361, 1363 (11th Cir. 1999) 

(per curiam).

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Here, both parties concede that D’Onofrio is a qualified individual with a 

disability, Costco knew of her disability, and one or more reasonable 

accommodations existed that would have allowed D’Onofrio to perform the essential 

functions of her job. (Doc. 101, pp. 10-11). Consequently, we consider only

whether Costco failed to provide a reasonable accommodation to D’Onofrio, or 

engage in the requisite interactive process in order to identify a reasonable 

accommodation for her. 

C. Failure to Accommodate

1. Legal Standard and Findings Below

Under the ADA, an employer will not be liable for failure to accommodate 

if the employee is responsible for the breakdown of the interactive process. Stewart 

v. Happy Herman’s Cheshire Bridge, Inc., 117 F.3d 1278, 1287 (11th Cir. 1997). 

Furthermore, “the [employer’s] duty to provide a reasonable accommodation is not 

triggered unless a specific demand for an accommodation has been made” by an 

employee. Gaston, 167 F.3d at 1363. Even if an employee is legally disabled, she 

must specifically request an accommodation to trigger the employer’s 

accommodation obligations. See id. 

Of course, there are limits to the accommodations an employer must provide. 

The key is “reasonability,” meaning an employer is not required to accommodate an 

employee in any manner that the employee desires—or even provide that 

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employee’s preferred accommodation. Stewart v. Happy Herman’s Cheshire 

Bridge, Inc., 117 F.3d 1278, 1285-86 (11th Cir. 1997) (“[A]n employee is entitled 

only to a reasonable accommodation and not to a preferred accommodation. . . . 

Stated plainly, under the ADA a qualified individual with a disability is ‘not entitled 

to the accommodation of her choice, but only to a reasonable accommodation.’”

(internal citations omitted)).

Additional nuances to the reasonable accommodation framework are 

important to highlight as well. First, if an employee does not require an 

accommodation to perform her essential job functions, then the employer is under 

no obligation to make an accommodation, even if the employee requests an 

accommodation that is reasonable and could be easily provided. See Hilburn v. 

Murata Elecs. N. Am., Inc. 181 F.3d 1220, 1229 (11th Cir. 1999); see also Albright 

v. Columbia Cty. Bd. of Educ., 135 F. App’x 344, 346 (11th Cir. 2005) (per curiam)

(“[T]he record clearly shows that [plaintiff] did not require an accommodation to 

perform her job. It is undisputed that [plaintiff] performed her bus driving duties 

without an accommodation[.]”). Second, even if an employer has voluntarily 

provided accommodations to the employee historically, that employer is not 

obligated to continue providing them and can discontinue such when they exceed 

what is legally required under the ADA. See Holbrook v. City of Alpharetta, 112 

F.3d 1522, 1528 (11th Cir. 1997) (“It is equally apparent, however, that the [City’s] 

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previous accommodation may have exceeded that which the law requires. . . . [W]e 

cannot say that [its] decision to cease making those accommodations that pertained 

to the essential functions of Holbrook’s job was violative of the ADA.”).

When it granted Costco’s renewed Motion for JMOL, the district court made 

two findings favorable to the FCRA claim: (1) D’Onofrio had presented sufficient 

evidence that she had made a specific request for an accommodation in order to 

mitigate the obstacles she was experiencing communicating with her General 

Manager, Alan Pack; and (2) D’Onofrio had offered sufficient evidence showing her 

deafness caused her communication problems with Pack, and that communication, 

both in general with other employees, and specifically with her General Manager, 

was an function of her Costco job. However, the district court also concluded that

(3) D’Onofrio still did not introduce sufficient evidence to support a jury finding that 

Costco had failed to provide reasonable accommodations to help ease her 

communication difficulties. 

On appeal, D’Onofrio argues for reversal of the JMOL because the evidence 

was legally sufficient to support the jury’s verdict that Costco failed to provide a 

reasonable accommodation to her disability of deafness. In response, Costco does 

not contest the district court’s first two findings in favor of D’Onofrio. It argues 

only that we should affirm the district court’s third finding, which led to the JMOL. 

For the reasons explained below, we find Costco’s argument persuasive.

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2. Evidence Regarding Reasonable Accommodation

The evidence of Costco’s reasonable accommodation included its installation 

of the VRI equipment, organization of the deaf-culture training, and temporary 

institution of the three-manager communication circle. In response, D’Onofrio 

introduced three pieces of undisputed evidence, which she believes “are 

inconsistent” with the district court’s conclusion of reasonable accommodation:

• “Costco’s failure to train D’Onofrio’s [new] manager, Alan Holliday, about 

‘deaf culture’ and the accommodations recommended by the Center for 

Hearing and Communication,” even though Holliday’s arrival at the 

Pompano Beach warehouse post-dated the March 1, 2013 training;

• “Costco’s discontinuation of the three-manager communication team after

only ten weeks, coupled with the demand that [D’Onofrio] then

communicate with Alan Pack, whom she perceived as hostile”; and

• “Costco’s failure to provide on-site sign language interpreters at every

[Employment Counseling Notice] ECN meeting, where three or

more people were always present, as recommended by the Center for

Hearing and Communication, instead bringing an on-site interpreter only 

for the termination meeting.”

(Id. at 25). 

According to D’Onofrio the “district court focused too heavily” on Costco’s 

supplying of the VRI within its warehouse at the expense of the aforementioned 

evidence. This disproportionate focus, she explains, resulted in the court 

“improperly credit[ing] Costco’s view of the evidence, i.e., that D’Onofrio 

obstructed [the VRI’s] use,” as proof that D’Onofrio actually obstructed the provided 

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accommodation. Most problematically, as D’Onofrio explains, the district court’s 

conclusion here was based on the “mistaken[] assumption that the VRI was a 

reasonable accommodation,” (id. at 26), which in light of her above evidence, 

equated to a false premise. (Id.). Therefore, she believes “[a] reasonable jury, 

making credibility determinations, could (and did) find” that the VRI was not a 

reasonable accommodation. (Id.). However, as discussed below, none of the proof 

that D’Onofrio cites is sufficient to support a jury finding of Costco’s failure to 

accommodate. 

a. Costco’s Initial Response to D’Onofrio’s Letter

The undisputed evidence shows that Costco took immediate redressive action 

when D’Onofrio raised her concerns about Pack in her letter to Costco’s CEO. (Doc. 

117, p. 38; Doc. 99-43). Costco responded by arranging in December 2012 for 

Powers and LiCastro to fly in from Georgia and Washington state, respectively, to 

meet with D’Onofrio, along with a sign-language interpreter, to better understand 

her complaint and find ways to address it. (Doc. 117, pp. 147-48).

At the meeting, D’Onofrio had ample opportunity to reiterate the concerns in

her letter: namely, although she had had good communications with her general 

managers in the past, she was then experiencing difficulties with Pack because he 

mumbled and refused to write out his communications. She also stated that Pack 

behaved impatiently and rude towards her. (Doc. 120, p. 37). To address these

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problems, D’Onofrio proposed two solutions to Powers and LiCastro: (1) that Pack 

be moved to another warehouse, (Doc. 117, p. 40); and (2) that Costco provide 

training to her managers on deaf culture. (Id., p. 42) (“I felt like the managers 

needed some education, and I wanted to be included in that.”) On the latter point, 

she requested that Costco ensure “that Alan Pack was a part of that [training] class.” 

(Id., p. 44). 

Costco responded appropriately to D’Onofrio’s two requests. Specifically, in 

connection with D’Onofrio’s first request, Powers informed D’Onofrio that he 

would not transfer Pack. (Doc. 117, p. 150). This was a legally permissible 

response, as both this Court and the Equal Employment Opportunity Commission 

(EEOC) have indicated that “[a] transfer [of an employee] from an incompatible 

supervisor is not a ‘reasonable accommodation.’” Santandreu v. Miami-Dade 

County, No. 10-24616-CIV-ALTONAGA, 2011 WL 13136161, at *11 (S.D. Fla.

Aug. 1, 2011) (citing Gaul v. Lucent Techs., Inc., 134 F.3d 576, 581 (3d Cir. 1998)), 

aff’d, 513 F. App’x 902 (11th Cir. 2013); U.S. Equal Emp’t Opportunity Comm’n, 

Enforcement Guidance on Reasonable Accommodation and Undue Hardship under 

the ADA ¶ 33 (2002), 

https://www.eeoc.gov/policy/docs/accommodation.html#workplace (“An employer 

does not have to provide an employee with a new supervisor as a reasonable

accommodation.”). Still, however, Powers promised D’Onofrio that he would seek 

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to improve her communication with Pack. (Doc. 117, pp. 149-50). He followed up 

on this promise less than a month after the meeting, when he advised D’Onofrio that 

Costco would be installing VRI equipment in the Pompano Beach Warehouse not 

only to help facilitate her communications with Pack, but also to help her 

communicate with other managers. (Id,, pp. 151-52). The technology was installed 

by the end of January 2013. (Id,, pp. 52-53, 153). 

Addressing D’Onofrio’s second explicit request within the same timeframe, 

Costco also advised her that it would organize the type of deaf-culture training she 

requested. (Id.). This session, hosted in conjunction with the Center for Hearing 

and Communication, occurred on March 1, 2013. Everyone in D’Onofrio’s chain of 

command, including Pack, attended the training. (Id. p. 155). We address the 

evidence related to this training in the section that follows.

b. Costco’s Planning and Implementation of Deaf-Culture 

Training

In preparation for the deaf-culture training, Costco brought in Williams for a 

site visit with D’Onofrio. (Doc. 121 at 80–81). Williams and a colleague were 

joined by D’Onofrio and three of her managers: Ainsley Brown, Carol Sivon, and 

Jeff Weisler. (Id. at 81). The visit allowed Williams to “evaluate the environment” 

at the Pompano Beach warehouse. (Id.). That way, Williams could do more than 

offer a stock, generic training session; she could “train and tailor whatever 

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recommendations [she was] going to make to the environment that [was] being 

presented to” her. (Id.). Williams testified that the visit was “very useful.” (Id.).

As for the training session itself, Williams also testified that she “felt it went 

very well” and that “everybody was very amenable to the information they 

received.” (Id. at 85). D’Onofrio “was very happy with the session.” (Doc. 117, pp.

59–60). Likewise, Pack thought the training was “very interesting” and 

“informative.” (Doc 118, p. 168). Williams noted that, like the installation of the 

VRI equipment, the training program represented a significant, meaningful 

investment from Costco. Steve Powers even flew in for the training session, (Doc.

121, p. 83), which was significant, as Williams testified:

I train quite a bit, still do, and I haven’t ever seen a regional vice president fly 

in for a training. I have never seen that. So I was very pleased and encouraged 

that upper management was really involved in this process.

(Id. at 94–95). All in all, Williams thought the Costco team “did a really good job” 

with the training, was “very open and receptive,” and went above and beyond what 

she typically sees from employers. (Id. at 95).

D’Onofrio introduced no evidence to call into question the appropriateness of 

the deaf-culture training for the employees who attended.

c. Alan Pack’s Follow-Up to the Deaf-Culture Training

The training session was tailored to the specific concerns about Alan Pack

expressed by D’Onofrio during her December 2012 meeting with Powers and 

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LiCastro. This was evident by the fact that part of the training session involved a 

“constructive,” smaller group meeting between Powers, Pack, Williams, and 

D’Onofrio. (Id. at 86). At that meeting, Pack and D’Onofrio “committed to coming 

back and meeting with [Williams] in a mediation session.” (Id.). Pack also “offered 

to meet with [D’Onofrio] on site in their work environment every month and work 

through any concerns that she might have.” (Id.).

After the training session, Pack was “very proactive.” (Id. at 87). However, 

when he tried to schedule appointments with D’Onofrio, she would not agree to meet 

with him. (Id.). So, on his own, Pack returned to the Center for one-on-one meetings 

with Williams. (Id.). Those two meetings, Williams testified, were very 

educational. (Id.). Pack came in “to see how he could respond [to D’Onofrio] better 

and what he could learn.” (Id.). Williams recalled D’Onofrio’s complaint that Pack 

mumbled, so she worked with him on “clarity without exaggerated speech and tone.” 

(Id. at 88). Williams also testified that, at these one-on-one meetings, Pack

was not guarded. He wasn’t resistant. He felt very sincere to me. He asked 

good questions. He seemed to take the information from our first session, 

bring it in practice, and then come back to me and ask me, well this seemed 

to work really well, this didn’t, what do you think, what can I do better. So he 

seemed pretty motivated and genuine.

(Id. at 95). D’Onofrio offered no evidence to contradict the proof regarding Pack’s 

participation in deaf-culture training and his efforts to learn from that training. 

d. Costco’s VRI Technology

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D’Onofrio testified that she did not request VRI, insisting that she simply 

wanted Pack to communicate with her by writing:

I just wanted him to write to me. That’s all. We can write back and forth 

when we need to communicate. That’s all I wanted. 

(Doc. 118, p. 13). On appeal, D’Onofrio couples her preference for “in-writing” 

communication with Pack, with her argument that the VRI failed to represent a 

“reasonable accommodation.” However, the problem with D’Onofrio’s argument is 

two-fold.

First, although communication by writing back-and-forth with Pack may have 

been D’Onofrio’s preferred mode of communication, an employer is not obligated 

to accommodate an employee in any manner she desires; rather, the employer need 

only provide a reasonable accommodation. Stewart, 117 F.3d at 1285-86.

Second, D’Onofrio presented no testimony as to the lack of “reasonability” of 

the VRI technology; rather, she cites only three isolated statements made by Pack, 

Powers, and Williams while testifying as evidence that Costco’s installation of VRI 

equipment was not a reasonable accommodation. Collectively, according to 

D’Onofrio, these statements convey the testifiers’ beliefs that “the VRI alone was 

not the solution to [D’Onofrio’s] communication problems,” “the VRI was just a 

tool,” and “that the VRI alone was not enough to fully accommodate D’Onofrio’s 

special needs.” (Appellant Br. at 15-17). The portions of these statements that 

D’Onofrio cites are as follows: 

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• Pack’s Testimony

Q: And the reason [Costco] did several things to help her in her 

accommodation was because the VRI machine alone was not enough without 

training for the deaf culture, correct? You couldn’t do one without the other;

you needed both?

A. [PACK]: Yes.

Q: The [three-manager communication] team was also designed to 

accommodate her hearing impairment?

A. Yes.

(Doc. 118, p. 182).

• Powers’s Testimony

Q: You were not expecting at that point in time when you set up that meeting at 

the center for the deaf culture that the VRI machine was the sole exclusive 

answer to the communication problems that Christine was experiencing at 

Costco, correct?

A. [POWERS]: No, it was just an assistance, a tool.

Q. Just an assistance?

A. Yes, sir. 

(Doc. 120, p. 196).

• Williams’s Testimony

Q. Did you believe that the installation of the VRI phone by itself would solve 

the communication issues that were existing between Christine and Mr. Pack?

A. [WILLIAMS]: I made a recommendation that they both come in to work 

on some of their communication challenges, so I don’t think that was the only 

intervention that we suggested.

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Q. But the installation of the VRI phone by itself would not have solved all 

the communication problems, correct?

A. No.

(Doc. 121, p. 128).

These statements are insufficient to support a jury finding that Costco failed 

to provide a reasonable accommodation. As that testimony itself suggests, Costco 

did not rely on the VRI as its sole accommodation to D’Onofrio’s request. Instead, 

the VRI was merely one solution amongst three it provided to D’Onofrio after she 

voiced her concerns at the December 2012 meeting. Aside from the installment of 

VRI equipment, Costco’s accommodations for D’Onofrio included the organization 

of the deaf-culture training already mentioned, and the arrangement for the threeperson management communication team, discussed below. 

Furthermore, Williams made other statements to demonstrate that the VRI 

represented a reasonable accommodation. For one thing, Williams explained in her 

testimony that the way in which Costco had set up the VRI phones was “very 

effective.” (Doc. 121, p. 82). The phones provided D’Onofrio with “an on-demand 

communicating tool to facilitate communication whenever [she] needed it,” (id. at 

82-83), and Costco deliberately located them in convenient locations around the 

warehouse, including placing one in the managers’ office, a location where informal 

coaching, counseling notices, and performance evaluations took place, (Doc. 118 at 

9), and in the pharmacy consultation room. (Id. at 9-10). Despite D’Onofrio’s 

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claims to the contrary, these locations were hardly out-of-the way spots. Quite to 

the contrary, the pharmacy consultation room, for example, was “very close” to 

where D’Onofrio worked, and gave her a “private space” where her manager could 

give instructions and where D’Onofrio could “make personal calls.” (Id. at 11–12). 

Not only that, Costco even “offered to move [the phones] if they weren’t in a place 

that Ms. D’Onofrio felt comfortable using” them. (Doc. 121, p. 82). Williams also 

testified that the installation of the VRI equipment amounted to an “unusual” 

commitment on Costco’s part. (Id. at 84). In her experience, Williams had 

encountered “some challenges getting organizations to put in [the] technology,” 

particularly because “the technology isn’t free for hearing people.” (Id.). Costco, 

however, was willing to bear the expense of installing two “video phones in two 

different offices,” (Id. at 94)—a commitment that Williams testified was “wonderful 

to see” and “unusual.” (Id.).

We recognize that Williams did not provide testimony as an expert witness. 

However, given her qualifications, which include being the Director of the Center 

for Hearing and Communication, and the fact that she served as the instructor for the 

deaf-culture training, Williams’s opinion warrants consideration regarding the 

reasonableness of the VRI as an accommodation. And, at trial, Williams did attest 

to the technology’s effectiveness in facilitating communication between a deaf 

person and non-deaf person, which, as she also explained, was a function of the 

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technology’s reliance on an on-screen hearing and a speaking sign-language 

interpreter. 

Additionally, LiCastro sent an email to D’Onofrio describing the benefits of 

the VRI equipment two weeks before the phones’ installation. LiCastro explained 

that the technology was easy to use and offered on-demand, video access to a 

certified interpreter 24/7. (DX 8). Critically as well, the VRI equipment offered 

specific advantages over an in-person interpreter: there was no need for the typical 

two weeks’ advance notice to arrange the visit of the interpreter, and D’Onofrio 

could access the VRI devices “as needed without the hassle of scheduling or rescheduling as needs change.” (Id.). Costco had already installed these devices in 26

of its stores and had seen them deliver “tremendous benefits.” (Id.). 

Furthermore, as the district court rightly noted, the trial record is “utterly 

devoid of any testimony that the VRI did not function adequately.” (Doc. 140 at 

26). Instead, the evidence shows it was D’Onofrio who regularly refused to use the

phones or stood in the way of their proper functioning. As Holliday testified:

Q: What happened when you went into the pharmacy consultation room?

A: I attempted to start the VRI, and Ms. D’Onofrio ended the call before it 

connected. And I go, no, we need to use this. And she goes, I don’t want to 

use it. You can talk to me. I understand you just fine. And I go, no, I want to 

be clear with what I have to tell you.

(Doc. 122 p. 25). Holliday described another meeting like this:

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Q: Okay. So that was the meeting when this counseling notice was being 

presented to Ms. D’Onofrio?

A: Correct.

Q: Okay. And was a VRI machine used during that meeting?

A: It was not. She refused to use it. So [Ainsley] Brown agreed to write what 

he had to say to her.

(Id. at 35).

e. Absence of Evidence that Costco Refused to Provide any of 

D’Onofrio’s Requested Alternative Accommodations

D’Onofrio argues that Costco’s accommodations were not reasonable because 

she requested alternative accommodations that were not granted. However, 

D’Onofrio cites no evidence to show that she requested alternative accommodations

that went unfulfilled. In particular, her argument on appeal about not being allowed 

an on-site interpreter is without merit. She references only three alleged occasions 

following the December 9, 2012 meeting where she claims she asked for an on-site 

interpreter. (Doc. 117, pp. 76, 98). In each alleged instance, either the evidence was 

not sufficiently clear that D’Onofrio, in fact, had made the request or the 

uncontradicted proof was that Costco had granted her request. 

For example, D’Onofrio claims that she asked for on-site interpreters in a July 

8, 2013 email sent to LiCastro. (Id., p. 76; Doc. 99-25, pp. 2-3). But D’Onofrio 

does not point to any specific statements where she made this request. In fact, the

email shows that D’Onofrio made no such request; rather, her reference to 

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interpreters involved her simply complaining that she should be compensated for not 

having been given the benefit of interpreters in the past. (Doc. 99-25, pp. 2-3). The 

relevant email text read as follows:

You know what I never had an interpreter for 12 years. Costco violated the 

policy. I had to complain all the time. I was too damn nice for not making 

Costco responsible to pay me for my disability as a reasonable 

accommodation. Costco is responsible to provide as an assistance with ADA 

and also is reponsible [sic] to pay me for all those years.

(Id. at 2).

D’Onofrio also claims that even prior to the July 8 email, she made another 

request for on-site interpreters. However, she could not remember the date when

she made this request and did not provide any other detail. (Doc. 117, p. 76) (“And 

there was another request I put in prior to that, but I don’t remember the day.”). This 

is not sufficient evidence of a request. Such a vague assertion, devoid of any context, 

explanation of Costco’s response, or even a date, cannot support a finding that 

Costco failed to make reasonable accommodation in not providing on-site 

interpreters. 

Finally, D’Onofrio acknowledges that she requested and was provided an onsite interpreter for her October 23, 2013 termination meeting with Costco. (Id. p. 

98). 

f. D’Onofrio’s Complaints Regarding Holliday

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D’Onofrio also contends that the jury could have found that Costco failed to 

provide reasonable accommodations for her by allowing Holliday, who transferred 

into the Pompano Beach warehouse after the March 1, 2013 training program, to 

interact with and supervise her without first ensuring that he received the same deafculture training that was provided to her other supervisors in that program. 

(Appellant’s Br. at 25, 31, 35). Relatedly, she contends the training itself was 

inadequate because Costco did not make the training materials widely available for 

other employees at the Pompano Beach warehouse. We find these arguments 

unpersuasive for several reasons.

First, as D’Onofrio repeatedly emphasized during her November 20, 2012 

letter to Craig Jelinek, her December 12, 2012 meeting with LiCastro and Powers, 

and during her testimony at trial, she never had any difficulty communicating with 

any of her managers other than Pack. There is no evidence that she ever requested 

that Holliday be trained in deaf culture. To the contrary, D’Onofrio testified that she 

had no trouble communicating with Holliday, and also confirmed that Holliday knew 

sign language. (Doc. 118, p. 13). Holliday, too, confirmed the good relationship 

between the two; in his testimony, Holliday even described in detail their good 

relations when he first arrived at the Pompano Beach warehouse, which included his

revealing to D’Onofrio that he had a deaf aunt with whom he was close while

growing up. And, because of this experience, he knew a bit of sign language. (Doc. 

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122, p. 21). Holliday also testified, without contradiction, that he was familiar with 

deaf culture based on the time he spent with his aunt and her deaf friends, and he

had previously supervised deaf employees. (Id. pp. 47-48).

Second, although Costco did not distribute the training materials to other 

employees at the Pompano Beach warehouse, this Court does not require 

accommodations provided by an employer to be perfect; our lodestar, instead, is 

reasonability. The ADA does not impose liability on an employer for its failure to 

provide “all the accommodations [the employee] feels are appropriate.” Doe v. 

Dekalb Cty. Sch. Dist., 145 F.3d 1441, 1451 (11th Cir. 1998); see also Stewart, 117 

F.3d at 1285 (explaining that “the word ‘reasonable’ would be rendered superfluous 

in the ADA if employers were required in every instance to provide employees the 

maximum accommodation or every conceivable accommodation possible” 

(quotation omitted)). D’Onofrio asked for a training program on deaf culture, an 

altogether reasonable request, and Costco provided a first-rate one.

Given the evidence assessed above, Costco sufficiently honored its 

reasonable-accommodations obligations to D’Onofrio in providing deaf-culture 

sensitivity training to Pack and the other managers in D’Onofrio’s direct chain of 

command, without having to make Holliday undergo the same training. In response 

to this evidence of Holiday’s background, D’Onofrio advances no reason why he 

needed the training. Furthermore, her argument is at odds with case law stating that 

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the ADA, and by extension the FCRA, cannot interfere with an employer’s choice 

of supervisors over a given employee. See Weiler v. Household Fin. Corp., 101 F.3d 

519, 526 (7th Cir. 1996).

g. D’Onofrio’s Complaint Regarding Use of VRI at Meetings of 

Three or More Individuals

D’Onofrio also argues that VRI could not be considered a reasonable 

accommodation for any meeting in which three or more individuals were present, 

even if the only people speaking were her and her manager. (Appellant’s Br. at 25). 

She bases this argument on information conveyed at the March 1, 2013 training by 

Williams, who suggested that for large-group meetings (i.e. staff meetings or 

inventory meetings) where people might be speaking, Costco should consider 

providing an on-site interpreter. 

We find D’Onofrio's line of argument to be unavailing. (Doc. 140, pp. 18-

20). To reiterate, D’Onofrio offers no evidence to establish that she ever submitted 

a request for on-site interpreters that Costco failed to honor. And, in fact, Costco 

regularly provided on-site interpreters in certain group settings. Undisputed 

evidence shows that on-site interpreters were in the room during D’Onofrio’s initial 

meeting with Powers and LiCastro in December 2012 (Doc. 121, p. 108); when the 

Pompano Beach warehouse distributed the latest version of Costco’s employee 

handbook (Doc. 117, pp. 68-69); and when Pack fired D’Onofrio. (Id., p. 98). But 

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that is not all. Holliday testified that “[w]henever we had a meeting, we would set 

up in advance an interpreter to come and interpret for” D’Onofrio. (Doc. 122 at 59).

And, as Pack testified, he even “hired a live interpreter, a physical person on site to 

where [D’Onofrio] was in a meeting with other employees.” (Doc 118, p. 173). In 

response, D’Onofrio offers no evidence that Costco held any other large-group 

meetings after the March 1, 2013 training program, for which an on-site interpreter 

was not present. 

On this note, as well, Williams testified that although the statements she made 

during the deaf-culture training (about the on-site interpreter being preferable to the 

VRI even in situations of a three-person meeting) were genuine indications of her 

opinion, she did not believe that an on-site interpreter would be required in every

such case.7

 D’Onofrio has not offered evidence to undermine this proposition. 

Therefore, we are left only with Williams’s statement that an on-site interpreter is 

not always necessary—a point demonstrated by the record, based on Williams’s

accompanying statements regarding the general effectiveness of the technology in 

facilitating communication between deaf and non-deaf individuals. Furthermore, 

we note the following: (1) evidence showing that there were typically, three, and 

occasionally, four people in the room at the disciplinary meetings in which Costco 

7 To reiterate, Williams also explained that an on-screen interpreter, like the VRI, can still work in 

a group setting, just not as easily or efficiently as an on-site interpreter would work. (Doc. 121, p. 

111). 

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relied upon VRI; and (2) uncontradicted testimony from Costco employees that the 

additional people in the meetings, beyond D’Onofrio and the manager, were 

witnesses or observers who generally said nothing during the meetings. (Doc 140, 

p 19). 

Regardless of whether an on-site interpreter might have been preferable in the 

opinion of Williams, there is simply no basis in the evidentiary record to conclude 

that Costco’s use of a supposedly less preferable medium—VRI—represented a 

failure to make reasonable accommodations. Stewart, 117 F.3d at 1285-86. This is 

especially true, given the absence of any evidence that D’Onofrio ever requested an 

on-site interpreter for these meetings, other than when she requested an interpreter 

for her October 23, 2013 termination meeting, which Costco provided. 

h. The Three-Person Management Circle

At the March 1, 2013 training, Williams also suggested that it might be helpful 

for Costco to designate a small group of managers to be the primary people to 

interact with D’Onofrio in relaying directions to her and answering her questions. 

(Doc. 117, pp. 60-61; Doc. 121, p. 90). Costco agreed with the proposal, and 

immediately implemented a three-person circle for D’Onofrio to primarily 

correspond with during her workdays. However, Costco eventually decided to stop 

the arrangement after it appeared to D’Onofrio’s supervisors that she was using the 

accommodations as an excuse to avoid all communication with individuals beyond 

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that immediate circle. Nonetheless, D’Onofrio insists that Costco’s decision to 

terminate the arrangement supports that jury’s finding that Costco failed to provide 

reasonable accommodations.

D’Onofrio’s argument is unpersuasive. Although Costco implemented the 

three-person circle at the recommendation of Williams, D’Onofrio herself never 

requested it. (Doc. 117, pp. 40, 42-43, 149). An employer has no obligation to make 

any accommodation unless, and until, the employee specifically requests an 

accommodation. See Gaston, 167 F.3d at 1363 (“[T]he duty to provide a reasonable 

accommodation is not triggered unless a specific demand for an accommodation has 

been made[.]”). There is no evidence that D’Onofrio ever requested this 

accommodation; therefore, Costco cannot be legally at fault for terminating an 

arrangement it voluntarily implemented.

Moreover, when implementing this proposal, Costco made clear to D’Onofrio 

that the arrangement “did not mean she could circumvent her managers.” (Williams 

testimony, Doc. 121, p. 115; Doc. 122 pp. 157-58). Notwithstanding this fact, under 

this Court’s case law, any sort of accommodation that could be construed as 

essentially insulating D’Onofrio from any need to interact with Pack (or other 

managers) beyond the three designated primary points of contact, would have been 

unreasonable under the ADA. See Gaul, 134 F.3d at 581 (ADA does not limit 

employer’s prerogative to determine with whom employees will work within 

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company); see also Weiler, 101 F. 3d at 526 (ADA does not require employer to 

transfer employee to a different supervisor or to transfer supervisor). Relatedly, even 

if the accommodation had theoretically been reasonable when implemented, an 

employer is allowed to discontinue accommodations that it had previously offered 

to an employee when those accommodations exceed what is required by the ADA. 

See Holbrook, 112 F.3d at 1528; Schwertfager v. City of Boynton Beach, 42 F. Supp. 

2d 1347, 1365 (S.D. Fla. 1999); Sheets v. Fla. E. Coast Ry. Co., 132 F. Supp. 2d 

1031, 1035 (S.D. Fla. 2001). 

i. Summary

Ultimately then, as we see it, D’Onofrio, understandably, needed help 

communicating with Pack. She relied on lip reading to communicate with her 

coworkers and supervisors, and Pack mumbled. So Costco installed two VRI 

phones. However, D’Onofrio says that was not enough; she wanted her supervisors 

to write back and forth with her. (JX 31; Doc. 117, p.68; Doc. 122 p. 35). Setting 

aside our oft-repeated reminder that a plaintiff is entitled to a reasonable 

accommodation, and not the specific accommodation of her choosing, see Stewart, 

117 F.3d at 1286, the evidence shows that D’Onofrio’s supervisors, including Pack, 

from time to time accommodated that request. (JX 25; JX 28; JX 29). But, even 

that was not enough for D’Onofrio, as she further states that Costco needed to 

provide in-person interpreters. But, we do not see any record evidence that suggests 

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Costco failed to provide an on-site interpreter once D’Onofrio requested this 

accommodation. Again, to the contrary, we see evidence of the opposite: that Costco 

provided on-site interpreters for group meetings, in addition to the VRI technology 

for other communications. Therefore, the only accommodation Costco did not 

provide that D’Onofrio had specifically requested was to move Pack to another 

location—and, given the circumstances of this case, Costco was not required to 

honor that request by the ADA.

III.

We cannot hold that an employer fails to reasonably accommodate a deaf 

employee when it provides her with on-demand access to live sign-language 

interpreters at two, convenient locations within her place of work; when it goes 

further to provide on-site person interpreters for larger, group meetings; when it 

arranges a thorough training session on deaf culture, pursuant to the plaintiff’s 

request; and when the plaintiff’s general manager—the supervisor who was the sole 

subject of her sole complaint—resolves to improve his relationship with the plaintiff 

by attending multiple, one-on-one training sessions. Therefore, because D’Onofrio 

cannot point to “a specific instance in which she needed an accommodation and was 

denied one,” Batson v. Salvation Army, 897 F.3d 1320, 1326 (11th Cir. 2018), we 

AFFIRM the district court’s January 30, 2019 Order granting Costco’s motion for 

judgment as a matter of law pursuant to Federal Rule of Civil Procedure 50(b). 

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WILSON, Circuit Judge, dissenting:

Following a nine-day trial, a jury found in favor of Christine D’Onofrio—an 

employee of Costco for over 20 years—on her claim that Costco failed to provide 

reasonable accommodation for her disability of deafness. The jury awarded 

D’Onofrio $750,000 in damages for emotional pain and mental anguish and 

$25,000 in punitive damages. The district court then granted Costco’s renewed 

motion for judgment as a matter of law and conditionally granted its motion for a 

new trial, finding that no reasonable jury could have found that Costco failed to 

provide a reasonable accommodation to D’Onofrio. 

On appeal, D’Onofrio argues that the evidence was sufficient to support the 

jury’s verdict because it showed that (1) the video remote interpreter (VRI) 

devices, alone, were not a reasonable accommodation; (2) the deaf-culture training 

was ultimately ineffective because one of her managers, Alan Holliday, never 

received deaf-culture training; and (3) a three-member communication team was 

discontinued. The majority sets forth trial testimony supporting Costco’s defenses 

and affirms the district court. But the jury, after a nine-day trial where it heard the 

testimony and observed the witnesses, found in favor of D’Onofrio on her failureto-accommodate claim, awarding not just compensatory damages, but also punitive 

damages. I would reverse the judgment as a matter of law, as the jury was well 

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within its prerogative to accept D’Onofrio’s evidence over Costco’s and make 

credibility determinations. I therefore dissent. 

I.

Judgment as a matter of law is only proper if there is “no legally sufficient 

evidentiary basis for a reasonable jury to find for the nonmoving party.” Home 

Design Servs., Inc. v. Turner Heritage Homes, Inc., 825 F.3d 1314, 1320 (11th Cir. 

2016) (alteration adopted). “[I]t is the function of the jury as the traditional finder 

of the facts, and not the Court, to weigh conflicting evidence and inferences, and 

determine the credibility of witnesses.” Watts v. Great Atl. & Pac. Tea Co., 842 

F.2d 307, 310 (11th Cir. 1988) (per curiam).

To prevail on her failure to accommodate claim, D’Onofrio had to show that 

(1) she was disabled, (2) she was a “qualified” individual, and (3) she was 

subjected to unlawful discrimination because of her disability. Samson v. Fed. 

Express Corp., 746 F.3d 1196, 1200 (11th Cir. 2014). “[A]n employer’s failure to 

reasonably accommodate an ‘otherwise qualified’ disabled employee itself 

constitutes unlawful discrimination, unless the employer can show ‘undue 

hardship.’” Holly v. Clairson Indus., L.L.C., 492 F.3d 1247, 1249 (11th Cir. 2007). 

Here, a reasonable jury could have concluded that Costco failed to provide a 

reasonable accommodation for D’Onofrio’s disability. First, D’Onofrio presented 

sufficient evidence that the installation of the VRI devices was not a reasonable 

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accommodation to her communication problems. From the outset, D’Onofrio 

expressed that her communication difficulties took place mostly on the sales 

floor—where she performed her essential job functions—but the VRI devices were 

in a managers’ office and a pharmacy consultation room. Further, while the 

district court relied largely on the installation of the VRI devices in its order 

granting judgment as a matter of law, Alan Pack, Steve Powers, and Dr. Shana 

Williams testified that the VRI devices were not intended to be the only solution to 

D’Onofrio’s communication problems. Finally, D’Onofrio presented evidence that 

her communication problems were due to certain managers’ apparent ignorance of 

deaf culture—demonstrated by them failing to make eye contact, mumbling, and 

negatively interpreting her use of body language—and a jury could reasonably 

conclude that a VRI device did not address this issue in most circumstances. 

A reasonable jury also could have concluded that the deaf-culture training 

did not amount to a reasonable accommodation. While the training session with a 

handful of managers was positive, D’Onofrio presented evidence that Costco did 

not pass on that training information to other Costco employees or managers who 

worked with D’Onofrio, even though Dr. Williams gave Costco training materials 

that could have been given to other employees. 

More specifically, a reasonable jury could have concluded that the failure to 

train D’Onofrio’s subsequently hired manager, Holliday, in deaf culture resulted in 

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a failure to provide reasonable accommodation. The majority dismisses this 

argument because D’Onofrio initially complained to Costco about problems with 

Pack and because Holliday had a deaf aunt that he spent time with while growing 

up. But the district court found that while D’Onofrio primarily struggled with 

communicating with Pack, a reasonable jury could find that her request for 

accommodation was sufficient to communicate that her deafness caused more 

general communication problems and that her problems went beyond Pack. 

Further, the assertion that Holliday could have no need for training in deaf culture 

because he has one deaf relative sounds of tokenism, and a reasonable jury could 

have concluded that he did need such training. Indeed, the jury heard evidence that 

Holliday disciplined D’Onofrio for displaying “aggressive behavior” through her 

body language, the volume of her voice, and demanding eye contact—behaviors 

that D’Onofrio asserted were common within deaf culture.

Last, though the three-person communication team was initially effective, 

and certainly not required, it was short term and there was no evidence that it 

resulted in a lasting change to D’Onofrio’s communication problems with Costco 

managers. Simply put, the implementation of this team for 10 weeks was not 

sufficient to undermine the jury’s verdict that Costco failed to provide reasonable 

accommodation. 

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Accordingly, reasonable persons could have differed on the question of 

whether Costco failed to reasonably accommodate D’Onofrio’s disability. The 

jury acted within its role as the finder of facts “to weigh conflicting evidence and 

inferences, and determine the credibility of witnesses.” Watts, 842 F.2d at 310. 

Therefore, I would reverse the district court’s order granting judgment as a matter 

of law. 

For similar reasons, I would reverse the district court’s conditional grant of 

the motion for a new trial. See Hewitt v. B.F. Goodrich Co., 732 F.2d 1554, 1556

(11th Cir. 1984) (stating that a motion for a new trial is proper only where the 

jury’s verdict is against the clear weight of the evidence or would result in a

miscarriage of justice).

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