Introduction: Workers’ Compensation Insurance is a type of “property and casualty” business insurance required in all states, except Texas where an employer may opt out. It is referred to as a “line” of insurance coverage and is purchased from an insurance agent or broker. For an overview of state laws. http://reduceyourworkerscomp.com/workers-compensation-state-laws-and-regulations.php. Often Workers Comp claims are associated with other types of claims such as EEOC or other employment related claims. We feel our readers should be aware of these possible exposures
Accommodation Bias Suit – Not Smelling Like Roses
A lawsuit accusing a grocery store of violating federal law by refusing to accommodate a pharmacy worker with severe allergies to cosmetic fragrances was filed by the U.S. Equal Employment Opportunity Commission (EEOC).
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The lawsuit alleges a female employee with chronic obstructive pulmonary disease (COPD) requested company management ask her co-workers not to wear fragrances, such as cologne and after-shave, while working with her in the pharmacy. The EEOC said on one occasion the employee passed out in the workplace and was taken to a hospital after suffering a severe allergic reaction to a co-worker’s cosmetic fragrance.
An attorney for the EEOC said the claimant contends the company failed to explore how to accommodate her disability in a way satisfactory to both her and her co-workers without causing any undue hardship for the employer. For example, the company failed to discuss the employee’s disability with the few co-workers in the pharmacy.
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.
We are accepting short articles* (200-600 words) on WC cost containment.
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