Disability Discrimination Costs Companies $110K in 2 Cases 

When employees raise disability discrimination concerns, employers face a critical choice: engage properly or face legal consequences. 

Recent EEOC settlements totaling $110,000 show what can happen when companies get it wrong.

Remote Work Accommodation Request Denied

In Georgia, an employee worked at Zoe Center for Pediatric & Adolescent Health, LLC, a healthcare provider.

The EEOC said the employee sought reasonable accommodations for undisclosed disabilities. Specifically, the worker sought:

• One day of leave
• One week of remote work, and then 
• A modified schedule of working remotely three days per week.

One day later, the employer allegedly denied the employee’s request and terminated her employment.

The EEOC filed a lawsuit, alleging disability discrimination and retaliation in violation of the Americans with Disabilities Act (ADA).  

“Under the ADA, employers are obligated to reasonably accommodate employees who are disabled, absent undue hardship,” Marcus Keegan, regional attorney for the EEOC’s Atlanta District Office, said in a statement. “Employers cannot retaliate against employees seeking to assert those rights. The EEOC is pleased that the impacted individual will be compensated, and that Zoe Center has agreed to take steps to ensure that ADA violations do not occur in the future.”

The employer will pay $70,000 to the affected employee to resolve the dispute. Under a two-year consent decree, the company must also:

• Revise and redistribute its ADA policy
• Provide specialized ADA training to all managers and HR staff
• Post a notice in the workplace informing employees of the settlement and their rights against disability discrimination, and
• Submit periodic reports to the EEOC on requests for disability accommodations and employee complaints of disability discrimination or retaliation.

Neurodivergent Employee Alleges Harassment

In Alabama, an employee worked as a cashier for Sarafina Network, LLC, a management company for gas station convenience stores.

The cashier is neurodivergent and suffers from eye problems, anxiety and a seizure disorder. According to the EEOC’s lawsuit, store managers, employees and customers routinely mocked the cashier. 

Further, the lawsuit claimed the employer failed to properly respond to the cashier’s complaints about the harassment. Specifically, the suit alleged the store manager:

• Demanded that the employee provide a medical release related to a seizure episode
• Refused to accept the release provided by the worker, and
• Terminated the cashier’s employment.

The EEOC also found that the employer lacked anti-harassment and anti-discrimination policies and failed to provide required training on federal obligations.

In the EEOC’s view, the alleged conduct amounted to disability discrimination, harassment and retaliation. The agency filed an ADA lawsuit on the employee’s behalf. 

“Bullying, especially on the basis of an employee’s disability status, should never be tolerated in the workplace,” EEOC Regional Attorney Marsha Rucker said in a press release. “The EEOC is committed to upholding the ADA’s promise: ensuring that every American, regardless of any disability, is afforded the opportunity to share in the dignity of work in an environment free of discrimination and harassment.”

The employer agreed to pay $40,000 to the affected worker to settle the case.

Disability Discrimination: Lessons for HR

In a recent article for HRMorning, employment attorney Jody Ward-Rannow from the firm Ogletree Deakins shared strategies to help HR professionals comply with ADA obligations and avoid disability discrimination problems.

Regarding the interactive process, Ward-Rannow explained that the ADA requires employers to have open communication and collaboration with employees to discuss potential accommodations. 

Failing to properly engage in the interactive process can lead to legal challenges. To minimize this risk, Ward-Rannow suggested providing ADA training to frontline managers. Doing so can help them recognize potential accommodation requests that trigger obligations to start the interactive process.

In light of the increased awareness of neurodiversity, employers may want to proactively evaluate potential accommodation options for neurodiverse employees. Doing so gives your team time to brainstorm potential accommodations and could potentially help individual interactive process discussions go more smoothly.