Arbitrary Return to Work Deadline Results in ADA Lawsuit Against Employer

EEOC Sues Shipper for Alleged Disability Discrimination

A national shipping company violated the Americans With Disabilities Act (ADA) by rejecting an extension of medical leave as a reasonable accommodation for its employees with disabilities according to a major class lawsuit filed in Chicago federal court by the U.S. Equal Employment Opportunity Commission (EEOC).

According to investigators an administrative assistant at the shipping company took a 12-month leave of absence from work when she began experiencing symptoms of what was later diagnosed as multiple sclerosis. She returned to work for a few weeks, but soon thereafter needed additional time off after experiencing what she believed to be negative side effects of her medication.

Although the employee could have returned to work after an additional two-week leave of absence, she was fired for exceeding its 12-month leave policy. Following its investigation, the EEOC reached an administrative determination that the employer failed to accommodate the worker’s disability, in violation of the ADA.

“This case should send a wake up call to Corporate America that violating the Americans With Disabilities Act will result in vigorous enforcement by the EEOC,” said Commission Acting Chairman Stuart Ishimaru. “The ADA has been the law of the land for nearly two decades now, and employers simply have no excuse for failing to abide by its provisions.”

The EEOC filed suit in U.S. District Court in Chicago after first attempting to reach a voluntary settlement with company and seeks back pay and compensatory and punitive damages for the employee and a class of disabled employees whom the shipper similarly refused to accommodate, as well as an order barring future discrimination and other relief. (workersxzcompxzkit)

EEOC Chicago Regional Attorney John Hendrickson added, “One of the main goals of the ADA is to provide gainful employment to qualified individuals with disabilities. However, when employers have policies setting arbitrary deadlines for returning to work after medical treatment, disabled employees are unfairly kept from working. Sometimes a simple conversation with the employee about what might be needed to return to work is all that is necessary to keep valued employees in their jobs.”

Author Robert Elliott, executive vice president, Amaxx Risks Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers’ Compensation costs, including airlines, health care, manufacturing, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. He can be contacted at: Robert_Elliott@ReduceYourWorkersComp.com or 860-786-8286.

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