The U.S. Equal Employment Opportunity Commission (EEOC) has taken legal action against a hotel for alleged disability discrimination resulting in the constructive termination of an employee, the federal agency announced.
Hotel Refused to Accommodate Employee Disability
The lawsuit alleges that the Hotel violated federal law by refusing to accommodate an employee’s musculoskeletal impairments. The employee requested to periodically sit on a stool while working at the hotel’s front desk and limit extended walking due to their disability. Instead of accommodating these requests, the hotel offered alternative positions that were not equivalent roles. Moreover, the Hotel prohibited the employee from sitting at the front desk, citing company policy, which led to unbearable working conditions and the employee’s forced resignation.
The Violations
The investigation revealed that the Hotel mishandled the employee’s medical records by commingling them with their personnel file, thereby violating the confidentiality provisions of the Americans with Disabilities Act (ADA).
This alleged conduct violates the ADA’s provisions mandating reasonable accommodations for employees with disabilities, including adjustments to corporate policies. Following unsuccessful conciliation attempts, the EEOC filed the lawsuit in New York. The EEOC seeks monetary relief for the former employee, encompassing back pay, and compensatory and punitive damages. Additionally, the EEOC demands injunctive relief to prevent future discriminatory practices.
Cara Chomski, an EEOC Trial Attorney, emphasized that company policies cannot excuse employers from their obligation to reasonably accommodate disabled employees. Timothy Riera, the acting director of the EEOC New York District Office, stressed the importance of equal employment opportunities for disabled individuals, particularly within the hospitality industry.
Conclusion
This case serves as a critical reminder for businesses to adhere to ADA regulations, accommodate employees with disabilities, and avoid discriminatory practices. Employers should ensure reasonable accommodation where possible, notwithstanding internal policies, to foster an inclusive and fair work environment for all employees.