The Equal Employment Opportunity Commission (EEOC) has responded to the rise in disability bias complaints over the last year (disability complaints rose to the highest level in 14 years to 19,453 complaints) by filing lawsuits against a small business AND a Fortune 500 company for unlawfully refusing to accommodate persons with a disability.
Sometimes it is extremely difficult to not confuse leave policies with disability rights. In the case of the small Chicago area employer, a customer service employee with severely blocked arteries sought leave to have life saving open heart surgery. Leave was denied due to the employer policy to restrict leave during the business’ most busy times of the year. When the customer service representative took time off for the surgery and recovery, the company processed her has a voluntary termination and refused to reinstate her to employment when fully recovered and given a full medical release by her doctor.
While the employer’s leave policy was most likely legal, when the employee also met the ADA definition of “disabled”, the employer was required to reasonably accommodate her.
In the case of the Fortune 500 retailer, a store greeter was fired allegedly for using a cane on the job. In both cases, the employer did not evaluate the circumstances and application of its policies in light of the duty to comply with other employment laws. Leave policies often conflict with federal laws such as ADA and FMLA not to mention state Worker Compensation laws. Are you sure that you are complying with your obligation imposed by law?
See: www.eeoc.gov
Case # 09-C-3829 (U.S. D.C. No. Dist of ILL, June 25, 2009)
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