Hawaii Medical Service Association (HMSA), the largest health insurance company in Hawaii, has agreed to pay $180,000 and provide injunctive relief to settle a disability discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC). According to the EEOC’s lawsuit, HMSA violated federal law when it decided not to allow intermittent leave as a possible accommodation for employees with disabilities in its customer relations department. HMSA also failed to engage in the interactive process with its employees to determine if there were other accommodations available for them. The above-mentioned practices forced employees to either work without an accommodation or resign. Such alleged conduct violates the Americans with Disabilities Act (ADA). In addition to monetary relief, the three-year consent decree includes injunctive relief aimed at preventing future disability discrimination. Hawaii Medical Service Association has agreed to review and revise its policies and procedures regarding compliance with the ADA and provide training in employment discrimination law such as disability discrimination, the interactive process, and reasonable accommodation. The health insurance company has also agreed to have a centralized accommodation unit to maintain and track all disability accommodation requests and disability discrimination complaints, and ensure appropriate record keeping, reporting, and monitoring.
