An Ohio mental health and substance use recovery center violated federal law when it subjected several employees to various forms of disability discrimination, the US Equal Employment Opportunity Commission (EEOC) charged in a lawsuit filed on September 19, 2023.
According to the EEOC’s suit, a woman applied for a case manager position at one of the company’s four Ohio facilities, but was rejected because of her chronic migraine condition and because she required medication for it. The EEOC also charged that the company fired another employee because of her alcohol dependence. Further, the suit included charges the company subjected a class of applicants to impermissible medical inquiries.
Such alleged conduct violates the Americans with Disabilities Act (ADA), which prohibits employers from firing or refusing to hire qualified individuals due to an actual disability or a record of disability, or because the employer regarded them as having an impairment. The ADA also requires employers to make a reasonable accommodation to qualified employees and job applicants who have or had an impairment that substantially limits a major life activity, unless doing so would cause undue hardship for the employer.
Alcohol dependence may be a disability under the ADA, if it substantially limits one or more major life activity. The ADA also prohibits employers from asking applicants disability-related questions or conducting medical examinations before making a conditional offer of employment.
“An employer cannot fire or refuse to hire someone based on an unfounded belief that the individual’s medical condition renders her unable to perform her job,” said Michelle Eisele, district director for the EEOC’s Indianapolis District Office.
EEOC Indianapolis District Office Regional Attorney Kenneth L. Bird added, “An employer may not subject job applicants to any questions that are likely to reveal the existence, nature, or extent of a disability prior to giving those applicants genuine, conditional offers of employment. Employers who ask such illegal questions or refuse to hire applicants because of their responses to such questions are violating federal law and will be held accountable.”
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. The EEOC enforces and provides leadership and guidance on the employment provisions of the ADA. Under the ADA, these individuals should not be denied employment opportunities for which they are qualified based on stereotypes or incorrect assumptions that they may cause safety hazards, may increase employment costs (whether related to provision of reasonable accommodation or for other reasons), or may have difficulty performing certain job duties.
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.*
