A Texas nursing home will pay $80,000 and furnish other relief to settle a US Equal Employment Opportunity Commission (EEOC) disability discrimination and retaliation lawsuit, the federal agency announced on October 31. The lawsuit centers on allegations that the nursing home violated the Americans with Disabilities Act (ADA) by failing to accommodate an employee with a disability and then retaliated against her for requesting accommodations.
According to the lawsuit, the nursing home hired an employee with a sleep disorder for a night shift position. The job posting required the selected candidate to work 36 hours per week in three 12-hour shifts. Upon beginning her employment, the employee was notified that she would be required to work a fourth 12-hour shift every other week. The employee promptly requested an accommodation that her schedule be limited to the express terms of the job posting and offer to accommodate her disability. Shortly after receiving the employee’s request for a reasonable accommodation, the employee was demoted and then terminated.
Such alleged conduct violates the ADA, which prohibits disability discrimination and retaliation against an employee with a disability. As part of the settlement, the nursing home will pay $80,000 in monetary relief and will revise its policies to ensure reasonable accommodations are provided to employees with disabilities. The three-year consent decree also mandates that the company provide annual training on ADA compliance and post a public notice informing employees about the lawsuit’s resolution and their rights under the law.
“Federal law expressly prohibits employers from refusing to provide a reasonable accommodation to employees with disabilities, unless they can show undue hardship,” explained Rudy Sustaita, the EEOC’s regional attorney in Houston. “An employer must always seriously consider whether it can make an accommodation before downgrading or firing 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 the facility’s policies and procedures related to the prevention of discrimination for both current employees and job applicants. Ensure that these policies are compliant with both federal laws (such as the ADA) and any relevant state-specific laws. Also review policies and procedures related to nonretaliation. If necessary, update or revise the policies to reflect current legal requirements and best practices.
- Train human resources staff and facility leadership on ADA requirements, including reasonable accommodations and nonretaliation protections. Document these trainings, and file the signed document in each employee’s education file.
- Periodically audit by anonymously polling staff to determine if they are being harassed or experiencing discrimination and ask if they feel free to report such instances without fear of retaliation or retribution. Ensure that staff are aware of how to report any concerns of discrimination they may observe or experience to their immediate supervisor or through the facility’s hotline.
*This news alert has been prepared by Med-Net Concepts, Inc. for informational purposes only and is not intended to provide legal advice.*
