Compliance Perspective – Lawsuit:
The Compliance Officer will confer with the Human Resource Director and review the healthcare provider’s policies and procedures regarding disability discrimination to ensure that it meets the requirements of the Americans with Disabilities Act (ADA). Staff will receive education and training on their rights regarding disabilities and the employer’s responsibility to provide reasonable accommodation for disabled employees. Education will also be provided regarding an employee’s need for potential medical leave for medical treatment or recovery that will allow the employee to return to work. The Compliance Officer will ensure that an audit is conducted periodically to ensure that the notice containing the provisions of the ADA are posted in conspicuous places throughout the premises of the facility, e.g., the employment/human resource office and staff break rooms.
According to the EEOC, a global metal goods manufacturer violated federal law by engaging in systemic discrimination against employees with disabilities. The EEOC charged that the company terminated employees and/or failed to provide reasonable accommodations for those exceeding its maximum 180-day leave policy. The EEOC also said that the company violated federal law by implementing an attendance policy that assigned points to employees’ absences, regardless of reason. Effectively, once a certain number of points were accumulated, the employee was terminated.
After first attempting to reach a pre-litigation agreement through its conciliation process, the EEOC filed suit against the company in a
U.S. District Court. To resolve the case, the parties entered 
into a two-and-one-half year consent decree which provides for $1 million in monetary relief and broad injunctive relief. The injunctive relief involves the company’s providing reinstatement to the affected individuals; appointing an Americans with Disabilities Act (ADA) coordinator, revising its written policies and procedures regarding its complaint procedure; creating and maintaining an accommodation log, posting notices for employees on the matter, implementing training for all of the company’s employees on the ADA, developing a centralized tracking system for accommodation requests and submitting annual reports to the EEOC that verify the company’s compliance with the decree.
Employers must provide reasonable accommodations for employees with disabilities, barring undue hardship. Workers may need a period of leave for medical treatment or recovery which, once granted, allows them to return and continue as productive workers
One of the six national priorities identified by the Commission’s Strategic Enforcement Plan (SEP) is for the EEOC to address emerging and developing issues in equal employment law, including issues involving the ADA and pregnancy-related limitations, among other possible issues.
