The US Attorney’s Office filed a lawsuit March 20, 2023, in US District Court for the District of New Jersey, which charged a nursing home for violating Title I of the Americans with Disabilities Act (ADA). The lawsuit alleges that the nursing home unlawfully terminated a dietary worker whose disability inhibited her ability to lift objects heavier than 20 pounds.
Before sustaining an injury that caused the permanent lifting impairment, the employee had been successfully working at the facility for approximately 18 years and remained able to perform the essential functions of her position. However, the nursing home terminated the dietary worker’s employment due to her disability without engaging in an interactive process to provide her with a reasonable accommodation.
“No one should be denied their right to work because of a disability,” US Attorney Philip R. Sellinger said. “The Americans with Disabilities Act was enacted to prohibit employers from denying employment to people with disabilities without making a reasonable accommodation. The US Attorney’s Office is committed to protecting the civil rights and ensuring equal employment opportunities for all individuals with disabilities.”
Compliance Perspective
Issue
Title I of the ADA prohibits employers from discriminating against a qualified individual on the basis of disability in regard to the hiring, advancement or discharge of employees; employee compensation; and other terms, conditions, or privileges of employment. An employer may not demote, terminate, or deny employment opportunities to an employee who is otherwise qualified if the demotion or termination is based on the need to make reasonable accommodations for the employee.
Discussion Points
- Review your policies and procedures for providing reasonable accommodations for employees with disabilities, including candidates for employment within your facility. Update your policies as needed.
- Train human resources staff and facility leadership on ADA requirements, including reasonable accommodations. Document that these trainings occurred and file each signed document in the employee’s education file.
- Periodically audit to ensure that reasonable accommodations are made for any employees needing them. Additionally, conduct periodic audits to ensure any potential candidates with a disability were not discriminated against.
*This news alert has been prepared by Med-Net Concepts, LLC for informational purposes only and is not intended to provide legal advice.*
