On June 28, 2021, a Maryland based medical practice, with over 60 offices in the Mid-Atlantic and Northeast, will pay $75,000 and furnish significant equitable relief to resolve a federal disability discrimination suit filed by the US Equal Employment Opportunity Commission (EEOC).
According to the EEOC’s lawsuit, the medical practice denied leave to a patient services coordinator who had breast cancer. The EEOC alleged that the employee notified the company that she would require several weeks of medical leave so that she could undergo and recover from a lumpectomy. Per the lawsuit, the medical practice discharged the employee because she was not eligible for leave under the Family and Medical Leave Act (FMLA).
In addition to providing the former employee $75,000 in monetary relief, the two-year consent decree settling the suit provides programmatic relief intended to prevent further disability discrimination. The decree requires the medical practice to modify its companywide Americans with Disabilities Act (ADA) reasonable accommodation policy to ensure that it will engage in an interactive process to consider requests for leave as a reasonable accommodation. Under the decree, the company will also provide training on ADA compliance, with an emphasis on reasonable accommodations, and it will provide periodic reports to the EEOC.
An EEOC regional attorney stated, “It is crucial for employers to understand their obligations under both the FMLA and the ADA. A disabled employee may be entitled to leave under the ADA even if she is not eligible for leave under the FMLA.”
The director of the EEOC’s Washington Field Office added, “Employers must provide reasonable accommodations to employees undergoing treatment for cancer―absent undue hardship. The EEOC takes seriously a company’s failure to provide reasonable accommodations, including leave, and we are committed to vigorously enforcing the ADA.”
The EEOC advances opportunity in the workplace by enforcing federal laws prohibiting employment discrimination. Further information regarding the EEOC can be accessed here.
Compliance Perspective
Issue
Disability discrimination is prohibited in the workplace. It is essential that human resources and the facility’s leadership are trained on FMLA and ADA. An employee should be provided with reasonable accommodation if experiencing a disability that affects their ability to perform assigned duties. Reasonable accommodation can include leave, if the employer is unable to provide duties to the employee experiencing a disability. While federal law prohibits discrimination in the workplace, most states have enacted their own additional laws regarding workplace discrimination. It is essential that administration and human resources are also aware of their state-specific laws.
Discussion Points
- Review your policies and procedures on the Family and Medical Leave Act and the Americans with Disabilities Act. Update as needed.
- Train human resources staff and facility leadership on your requirements of FMLA and ADA. Ensure that the trainings include the differences between FMLA and ADA. Document that these trainings occurred and file each signed document in the employee’s individual education file.
- Periodically audit to ensure that all employees who requested FMLA were not discriminated against and that your policies and procedures for FMLA and ADA were followed.
FOR MORE INFORMATION ON THIS TOPIC VIEW: KEY INFORMATION FOR COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA) and The Family and Medical Leave Act_R2 (mednetcompliance.com)
