Hospital Housekeeping Services (HHS) violated federal law when it terminated employees who failed its Essential Functions Test (EFT) because of their disabilities, despite their ability to perform their job, the Equal Employment Opportunity Commission charged in a lawsuit. The lawsuit alleges the EFT screened out individuals with disabilities. According to the EEOC’s suit, around 2015, HHS began requiring its employees to take the EFT at hire, annually, and upon the return from a medical leave of absence. When the employees failed any portion of the EFT, HHS terminated their employment. In all cases, the employees had successfully performed the essential functions of their jobs even though they failed to pass the EFT, the EEOC said. Such alleged conduct violates the Americans with Disabilities Act. The EEOC filed suit in U.S. District Court for the Western District of Arkansas, Fort Smith Division, Civil Action No. 2:21-cv-02134, after first attempting to reach a pre-litigation settlement through its conciliation process. The suit seeks monetary relief in the form of back pay and compensatory damages, as well as an injunction against future discrimination.
