Hey, Compliance Warriors and Bosses!
In a bold move to enforce the Americans with Disabilities Act (ADA), the U.S. Equal Employment Opportunity Commission (EEOC) has filed three lawsuits against employers in different industries. These cases underscore the persistent issues faced by individuals with disabilities in the workplace, even 35 years after the ADA became law.
The Cases at a Glance
- Hospitality Industry: A lawsuit against The Ned NoMad hotel in Manhattan for refusing to accommodate an employee with a knee condition.
- Manufacturing Sector: Smith’s Detection Inc., a threat detection equipment manufacturer, is being sued for demoting an employee to avoid providing personal protective equipment.
- Food Industry: Holsum Bakery in Indiana is facing legal action for not allowing an employee to use a walker as recommended by her physician.
EEOC’s Stance on Workplace Accommodation
EEOC General Counsel Karla Gilbride emphasized the importance of these cases, stating, “The ADA has been the law of the land for nearly 35 years, but unfortunately many qualified individuals with disabilities still aren’t getting the common-sense accommodations they need in order to do their jobs and be fully included in the workplace”.
Key Takeaways for Employers
- Reasonable Accommodations are Mandatory: Employers must provide reasonable accommodations for employees with disabilities unless it causes undue hardship.
- Avoid Stereotypes and Misconceptions: Kimberly A. Cruz, regional attorney for the EEOC’s New York District, warns against denying accommodations based on “fear or stereotypes about disabilities”.
- Demotion is Not an Accommodation: EEOC Regional Attorney Debra M. Lawrence clarifies, “Demoting the employee is an adverse employment action, not a reasonable accommodation”.
- Flexibility in Policies: Rigid policies that don’t allow for necessary accommodations can lead to legal trouble.
The Bigger Picture
These lawsuits come at a time when disability discrimination charges are at a 25-year high. Last fiscal year, the EEOC received over 29,000 such charges. This trend highlights the ongoing need for education and enforcement of the ADA.
Moving Forward
Employers should review their accommodation policies and practices to ensure compliance with the ADA. The Job Accommodation Network, a service of the U.S. Department of Labor’s Office of Disability Employment Policy (ODEP), is an excellent resource for more information on workplace accommodation options.
By taking proactive steps to accommodate employees with disabilities, businesses can create more inclusive workplaces and avoid potential legal issues. Remember, a diverse and accommodating workplace isn’t just a legal requirement—it’s good for business and society as a whole.
Be Audit-Secure!
Lisa Smith, SPHR, SCP
Note: This blog post is for informational purposes only and should not be construed as legal advice. Always consult with a legal professional for advice specific to your situation.
Here is what all you will get:
- Boss Calls™ – Access to EVERY Boss Call™ – Past & Future.
- HelpDesk for HR VAULT – Access to all 8 of our proprietary tools and applications to make your workday simple.
- Forms, Docs, Policies and Procedures Library – 700+ samples you can download and edit to fit your needs.
- U.S. ePoster Club – Download state, city, and local posters. Both required & recommended, for all 50 states & D.C.
- Same-day email support – Write to our team of SPHR and SCP professionals with all your HR questions.
