A Managed Care Provider in Georgia Found Liable for Violating Federal Law by Refusing Reasonable Accommodation to Employee

The U.S. Equal Employment Opportunity Commission (EEOC) has announced that a managed care provider in Georgia has agreed to settle a lawsuit after it was found liable for violating the Americans with Disabilities Act (ADA). The managed care provider violated federal law when they refused to provide reasonable accommodations to one of their employees.

The EEOC’s lawsuit states that the disabilities of one the Georgia’s managed care provider’s employees made it traumatic for the employee to access her workplace through revolving doors. The employee did request for a reasonable accommodation to use an available non-revolving door, but the Georgia managed care provider refused to allow the employee to use the non-revolving door for her disabilities.

After the court ruled against the Georgia’s managed care provider, they agreed to pay its former employee $130,00 and enter into a consent decree under which it will train its employees on the ADA, amend its employment forms, and allow the EEOC to monitor how it manages future requests for accommodation under the ADA.

The decision highlights an employer’s accommodation obligations under the ADA, the court held that a reasonable accommodation under the ADA need not relate to the performance of an essential function of the job. The court held that employees with disabilities are also entitled to accommodations to access the workplace and to ensure that employees can enjoy the same benefits and privileges of employment that other employees enjoy.

Marcus G. Keegan, regional attorney for the EEOC’s Atlantic District Office stated, “An employer’s obligation to accommodate an employee extends to access to the employee’s worksite and not just the specific performance of the employee’s duties.”

Further information on how the EEOC helps to advance opportunities in the workplace by enforcing federal laws prohibiting employment discrimination can be accessed at: Home | U.S. Equal Employment Opportunity Commission (eeoc.gov).

Issue:

Disability Discrimination is prohibited in the workplace. When there are concerns about an employee returning to work after an illness or injury, human resources should be contacted immediately. Every effort should be made to have the employee evaluated to determine any limitations and for specific duties that the employee can perform. While federal law prohibits discrimination in the workplace, most states have enacted their own additional laws regarding workplace discrimination. It is essential that administration and human resources are aware of their state-specific laws.

Discussion Points:

• Review your policies and procedures for prevention of discrimination and retaliation. Ensure that your state’s laws for discrimination and retaliation are included in the policies and procedures. Update policies as needed.
• Train staff about their rights to be free from discrimination and retaliation in the workplace. Teach staff to report any concerns of discrimination or retaliation to their immediate supervisor, the administrator, human resources, the compliance and ethics officer, or through the facility’s hotline.
• Periodically audit by anonymously polling staff to determine if they may be experiencing discrimination or retaliation in the workplace, or if they have observed it happening to others. In addition, ensure that all staff are aware of how to report any concerns of discrimination or retaliation.