A senior living community located in Ohio has been sued by the U.S. Equal Employment Opportunity Commission (EEOC) for discharging an employee due to her disability. The employee who is a caretaker suffers from nerve damage in her right hand.
According to the EEOC’s lawsuit, the senior living community violated the Americans with Disabilities Act (ADA), by removing the caregiver from the schedule because she has nerve damage in her right hand. The physician completing the assessment concluded the employee met the physical standards of the examination but declined to pass the employee unconditionally due to her nerve damage. The senior living community refused to let the caregiver return to work without evaluating how her nerve damage impacted her ability to continue working as a caregiver.
This alleged conduct violates the ADA; therefore, after attempting to reach a prelitigation resolution through its conciliation process, the EEOC filed suit against the senior living community. The EEOC is seeking monetary relief for the employee and an injunction prohibiting the company from engaging in this type of conduct in the future.
The Trial Attorney for the EEOC has stated, “Firing an employee based on stereotypes regarding a physical impairment violates the ADA.” The attorney also added that the company failed to conduct an individualized inquiry into whether the employee could continue to perform her job despite her nerve damage.
The EEOC is responsible for enforcing federal laws prohibiting employment discrimination. Additional information regarding the EEOC can be accessed here.
Compliance Perspective
Issue
Disability discrimination is prohibited in the workplace. When there are concerns about an employee returning to work after an illness or injury, human resources should be contacted immediately. Every effort should be made to have the employee thoroughly evaluated to determine any limitations and if they will impact the specific duties of the role that the employee is required to perform. While federal law prohibits discrimination in the workplace, most states have also enacted their own additional laws regarding workplace discrimination. It is essential that administration and human resources are aware of and comply with their state-specific laws and the federal laws. The Med-Net Corporate Compliance and Ethics Manual provides further information in Chapter 4 Business Practices, Policy BP 1.0 F – Nondiscrimination Policy.
Discussion Points
- Review your policies and procedures for prevention of discrimination. Ensure that your state’s laws for discrimination are included in the policies and procedures, and update as needed.
- Train staff about their rights to be free from discrimination in the workplace. Teach staff to report any concerns of discrimination to their immediate supervisor, the administrator, human resources, the compliance and ethics officer, or through the facility’s hotline. Provide training to supervisory staff about the Americans with Disabilities Act requirements.
- Periodically audit by anonymously polling staff to determine if they may be experiencing discrimination in the workplace, or if they have observed it happening to others. In addition, ensure that all staff are aware of how to report any concerns of discrimination. Audit hiring and return-to-work practices to ensure that discrimination against disabilities is not occurring and that reasonable accommodation is made where appropriate.
FOR MORE INFORMATION ON THIS TOPIC view: KEY INFORMATION FOR COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA).
