A Minnesota healthcare provider that operates two hospitals and 26 specialty and primary care clinics, urgent and emergency care facilities, and medical transportation services throughout the Twin Cities metropolitan area will pay $180,000 and provide other relief to settle a disability discrimination lawsuit filed by the US Equal Employment Opportunity Commission (EEOC), the agency announced on January 13, 2023.
According to the EEOC’s lawsuit, in July 2020, the healthcare provider failed to hire an applicant who is deaf for a greeter position because of her disability and failed to provide her a reasonable accommodation. The applicant was qualified for the position and could perform the essential functions of the job which included greeting visitors, applying COVID-19 masking standards and policies, giving directions, and keeping the area tidy and welcoming. This conduct violated the Americans with Disabilities Act of 1990 (ADA), as amended, which requires the accommodation of employees’ and applicants’ disabilities and prohibits firing or refusing to hire an applicant due to their disability.
In addition to the $180,000 in monetary relief, the two-year consent decree settling the suit requires the healthcare provider to revise its policies to state it will apply its disability anti-discrimination and reasonable accommodation policies to all applicants and employees hired to work there, whether they are hired by the provider directly or through a staffing firm. The decree also requires the healthcare provider to include in all new contracts with staffing firms that provide contract or temporary workers, a provision that the provider will engage in the ADA interactive process when informed that an applicant or employee has requested an accommodation, and the provider will provide a reasonable accommodation unless doing so would result in an undue hardship or direct threat. The healthcare provider is also required to submit to the EEOC reports of complaints of failure to hire and failure to accommodate based on disability, and will provide training to employees involved in the hiring process.
“Unfortunately, some employers continue to discriminate against deaf applicants based on myths, fears, and stereotypes about their ability to do the job because of their disability,” said EEOC Chicago District Office Regional Attorney Gregory Gochanour. “We are pleased that the consent decree requires [the healthcare provider] to now engage in the interactive process with all applicants including those sent via staffing firms and provide such applicants a reasonable accommodation as required under the ADA.”
Compliance Perspective
Issue
The law requires an employer to provide reasonable accommodation to an employee or job applicant with a disability, unless doing so would cause significant difficulty or expense for the employer. A reasonable accommodation is any change in the work environment (or in the way things are usually done) to help a person with a disability apply for a job, perform the duties of a job, or enjoy the benefits and privileges of employment.
Discussion Points
- Review your policies and procedures for providing reasonable accommodations for employees with disabilities, including candidates for employment within your facility. Update your policies as needed.
- Train staff, especially those involved with the hiring process, on your policies for providing reasonable accommodations for employees with disabilities, including potential candidates for employment.
- Periodically audit to ensure that reasonable accommodations are made for any employees needing them. Additionally, conduct periodic audits to ensure any potential candidates with a disability were not discriminated against.
*This news alert has been prepared by Med-Net Concepts, LLC for informational purposes only and is not intended to provide legal advice.*
