written on January 26, 2011 by Scott Lawson
According to a recent press release from the U.S. Equal Employment Opportunity Commission (“EEOC”), a group of supermarkets operating in the Chicago area recently paid $3.2 million to the EEOC to resolve a disability termination lawsuit. The supermarket group, known as “Jewel-Osco”, was accused of violating the Americans With Disabilities Act (“ADA”) by terminating disabled employees without offering “reasonable accommodations”.
Under the ADA, it is unlawful for an employer to discriminate against an employee based upon the employee’s disability if he or she is able to do the job with or without a reasonable accommodation. A “reasonable accommodation” is “any change in the work environment or in the way things are customarily done that enables an individual with a disability to enjoy equal employment opportunities” (U.S. Equal Employment Opportunity Commission). What constitutes a reasonable accommodation depends upon the circumstances of the job, but could involve a range of steps including job restructuring, providing special equipment, or modifying work schedules or rules. For example, an employee who, because of a documented medical condition, is not able to stand for long periods of time, could be provided with a sitting stool, assuming the job could be done effectively from either a standing or sitting position. When offering to make reasonable accommodations, it is not necessary for an employer to eliminate essential job functions or to lower production standards, provided the standards could effectively be met by the employee with reasonable accommodations.
According to the EEOC, Jewel-Osco had a practice of terminating employees with disabilities at the end of medical leaves of absence rather than bringing them back to work with reasonable accommodations. In a public statement released by the EEOC, a representative commented that, “[i]t is vital that employers understand that the primary goal of the ADA is to allow people with disabilities to be active and productive members of the work force…Sending them home, with reduced or no pay, and without the ability to advance, thwarts that purpose.” The EEOC further expressed concern that, “some employers believe that keeping an employee who is able to work off the job and on a leave of absence is a reasonable accommodation relieving them of further obligations under the ADA”. According to the EEOC, “[s]uch a belief could lead to costly mistakes.”
Employers should be aware of these requirements and other requirements under the ADA. Please feel free to contact the Lawson Firm for assistance with ADA compliance, or other employment law issues, or to schedule a review of your company’s employment policies and procedures.
Attorney contact: Scott Lawson, Managing Attorney
E: slawson@lawsonfirm.net
P: (440) 666-9735
The EEOC’s press release on the Jewel-Osco case may be found at the link below:
http://www.eeoc.gov/eeoc/newsroom/release/1-5-11a.cfm
The Lawson Firm, LLC (“TLF”) is a law firm providing legal counsel and value-added legal services to employers. We focus on preventative strategies to help employers avoid violations, minimize disputes, and promote positive and productive work environments. Further information about TLF may be found at
www.lawsonfirm.net
. This article is intended to provide general information only and is not intended to provide solutions to individual problems. Readers are cautioned not to attempt to solve individual problems solely on the basis of information contained in the article. TLF does not claim expertise in the laws of jurisdictions other than those in which our attorneys are licensed.