Princeton HealthCare System, which operates a hospital and provides other health care services, violated federal law by failing to reasonably accommodate the needs of its employees needing medical leave, and then firing them because of their disabilities, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit.
According to the EEOC’s suit, Princeton HealthCare System enforces leave policies that do not provide reasonable accommodations to qualified individuals with a disability. Princeton HealthCare fires employees who are not qualified for leave under the Family Medical Leave Act (FMLA) if they cannot return to work within seven days, and refuses to grant leave beyond the 12 weeks allowed by the FMLA. Princeton HealthCare System does not grant exceptions to these policies for qualified individuals with disabilities who need additional leave as a reasonable accommodation. (WCxKit)
Such alleged conduct violates the Americans with Disabilities Act (ADA), requiring employers to provide reasonable accommodations to employees with disabilities unless it would cause an undue hardship to the employer. A leave of absence is a form of reasonable accommodation.
More than a dozen employees with disabilities requesting a leave of absence as a reasonable accommodation were denied leave and were fired by Princeton HealthCare. The EEOC filed suit (EEOC v. Princeton HealthCare System) in U.S. District Court for the District of New Jersey after first attempting to reach a pre-litigation settlement through its conciliation process. (WCxKit)
“The goal of the ADA is to provide equal employment opportunities for qualified individuals with disabilities,” said Spencer Lewis, Jr., director of the EEOC’s New York District Office. “The unfortunate reality is that too many companies discriminate against persons with disabilities by strictly applying blanket leave policies.”
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, healthcare, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. Contact: [email protected] or 860-553-6604.
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Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers' comp issues.
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