The US Equal Employment Opportunity Commission (EEOC) announced on June 20, 2023, that it had filed a suit against the operators of an Indiana hospital for failing to accommodate an employee with a disability. In its lawsuit, the EEOC charged that the hospital had determined that the employee, a registered nurse, could not return to her job after a work injury resulted in lifting restrictions. The employee expressed interest in several jobs she could have performed with her lifting restrictions, but the hospital failed to transfer her to a vacant position for which she was qualified. The hospital then terminated the injured employee because she could not return to her prior job, according to the lawsuit.
Such alleged conduct violates the Americans with Disabilities Act (ADA), which requires that employers reasonably accommodate employees with disabilities and includes reassignment to vacant positions as a possible accommodation.
The EEOC filed suit after first attempting to reach a pre-litigation settlement through its conciliation process. The EEOC is seeking back pay, compensatory and punitive damages, and other relief from the hospital, including a permanent injunction preventing it from engaging in future disability discrimination and refusing to accommodate employees with disabilities.
EEOC Indianapolis District Office Regional Attorney Kenneth L. Bird said, “The ADA requires an employer to provide employees with disabilities reasonable accommodations that will allow them to perform their essential job duties. When an employee can no longer perform the essential duties of her current job, the ADA provides that reassignment to a vacant position may be a reasonable accommodation. The EEOC is ready to step in to enforce disability discrimination law.”
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 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.*
