Small and midsize business owners should take heed of the significant financial and legal consequences associated with disability discrimination in the workplace. A Ohio-based nonprofit specializing in workforce development, recently agreed to pay $32,371 to settle a disability discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC).
The Cost of Failing to Accommodate Disabilities: Lessons for Employers
The lawsuit alleged that the company discriminated against a long-time employee based on her disability, breast cancer. The company denied her reasonable accommodation request for temporary remote work and exposed her to intolerable work conditions, ultimately leading to her discharge. The employer mandated that employees return to in-person work after a lengthy period of COVID-related telecommuting. Despite her need for continued remote work while undergoing radiation treatments and being immunosuppressed, the employee’s request was denied. She reluctantly returned to the office per the company’s demands but eventually felt compelled to resign due to the risk of COVID-19 exposure.
This conduct directly violated the Americans with Disabilities Act (ADA), which stipulates that employers must provide reasonable accommodations to employees with disabilities as long as doing so doesn’t pose an undue hardship. The EEOC filed the lawsuit in the U.S. District Court for the Northern District of Ohio after first attempting to reach a pre-litigation settlement through its voluntary conciliation process.
In addition to providing the former employee with monetary relief, the two-year consent decree resolving the suit includes systemic relief aimed at preventing future disability discrimination. It mandates periodic reporting to the EEOC and provides training for all management personnel on responding to reasonable accommodation requests.
The Response
Debra Lawrence, regional attorney for the EEOC’s Philadelphia District Office, emphasized that the ADA requires employers to provide reasonable accommodations unless they would result in undue hardship. She stressed the importance of engaging in the interactive process with employees receiving ongoing treatments for serious medical conditions.
Dilip Gokhale, EEOC Cleveland Field Office Director, underscored the necessity for both employers and employees to remain actively engaged in the interactive process throughout the course of medical treatments, especially for serious and life-threatening illnesses like cancer.
Conclusion
This lawsuit serves as a stark reminder that failing to accommodate disabilities in the workplace can lead to significant legal and financial penalties. Small and midsize business owners must prioritize creating an inclusive and accommodating work environment, regardless of the size of their enterprise. Complying with federal employment laws and engaging in the interactive process for reasonable accommodations is not just a legal obligation but also a fundamental step toward creating a positive and supportive work environment for all employees.