The U.S. Equal Employment Opportunity Commission (EEOC) has filed a lawsuit against a hospital based on allegations of disability discrimination. The lawsuit claims that the hospital failed to accommodate an employee with a disability.
Employee Was Denied Job Opportunity With Fewer Hours
According to the EEOC, the hospital determined that the employee, a registered nurse, could not work fewer than 32 hours a week due to a medical work restriction. Despite expressing interest in several job opportunities within her work hours restriction, the employee was denied a transfer to a vacant position she was qualified for.
Instead, she was forced to apply and compete for openings, resulting in several months of uncertainty before securing a position independently.
ADA “Reasonable Accommodations” Were Denied
Such conduct is a violation of the Americans with Disabilities Act (ADA), which mandates that employers reasonably accommodate employees with disabilities, including reassignment to vacant positions if necessary.
After unsuccessful attempts at reaching a pre-litigation settlement through conciliation, the EEOC filed a lawsuit in the U.S. District Court for the Eastern District of Michigan. The EEOC seeks compensatory and punitive damages for the employee, as well as a permanent injunction preventing the hospital from engaging in future disability discrimination.
Kenneth L. Bird, Regional Attorney for the EEOC Indianapolis District Office, emphasized that the ADA requires employers to provide reasonable accommodations that enable qualified employees with disabilities to perform their essential job duties. Reassignment to a vacant position can be a viable accommodation when an employee can no longer fulfill the requirements of their current role.
Conclusion
For small and midsize business owners, it is crucial to understand the implications of disability discrimination and the importance of providing reasonable accommodations. The EEOC stands ready to enforce disability discrimination laws, ensuring equal opportunities in the workplace.
As a federal agency, the EEOC plays a vital role in advancing equal opportunity by enforcing laws that prohibit employment discrimination. Ongoing training of managers and supervisors is essential for businesses that want to comply with regulations.