A healthcare company which provides medical care at multiple hospitals and medical facilities in the Phoenix area, and the US Equal Employment Opportunity Commission (EEOC) have resolved a disability discrimination lawsuit filed in 2020 by the EEOC, the federal agency announced on September 18, 2023. The EEOC sued the company alleging that it failed to provide reasonable accommodations to employees with disabilities, including failing to provide reassignment.
The EEOC had also alleged that the company fired employees or forced them to quit because of their disabilities or because they needed accommodations. According to the EEOC’s lawsuit, employees with disabilities were repeatedly denied reasonable accommodations, including assistive devices, modified work schedules, and reassignment. Instead of engaging in the required interactive process or discussing possible accommodations, or providing them, the company forced the employees out of their jobs, the EEOC charged.
As part of the resolution, the company will pay $1.75 million to former employees who sought reasonable accommodations from the hospital system in the past. In addition, the company agreed to review and update as necessary their equal employment opportunity (EEO) and reasonable accommodation policies to ensure they comply with the Americans with Disabilities Act (ADA) and EEOC guidance. The company also agreed to provide training on the ADA and its revised reasonable accommodation policies for its employees.
Compliance Perspective
Issue
Disability discrimination is prohibited in the workplace. Any concerns regarding an employee’s ability to perform his or her essential job duties should be reported to the human resource department immediately. Every effort should be made to have the employee evaluated to determine any limitations and what specific duties the employee can perform. While federal law prohibits discrimination in the workplace, most states have enacted their own additional laws regarding workplace discrimination, including against employees and applicants with disabilities. It is essential that administration and human resource representatives are aware of their state-specific laws, in addition to federal laws like the ADA.
Discussion Points
- Review your policies and procedures for prevention of disability discrimination and for providing reasonable accommodations for employees with disabilities. Update as needed.
- Train staff about their right to be free from disability discrimination in the workplace. Additionally, train human resource staff on providing reasonable accommodation, including reassignment to vacant positions, when requested by employees who have limitations due to disabilities. Document that these trainings occurred and file each signed document in the employee’s education file.
- Periodically audit by reviewing the records of employees who experienced a workplace injury that limits their ability to perform essential duties of their job. Determine if reasonable accommodations were requested, available, and authorized for these injured employees.
*This news alert has been prepared by Med-Net Concepts, LLC for informational purposes only and is not intended to provide legal advice.*
