On June 30, 2014, the EEOC issued a press release advising that Princeton Health Care System (PHCS) will pay $1.35 million and will “undertake significant remedial measures to settle a disability discrimination lawsuit brought by the [EEOC].”
PHCS’ leave policy followed the requirements of the Family and Medical Leave Act (FMLA) and provided its employees 12 weeks of leave. Under PHCS’ policy, employees not eligible for FMLA leave were terminated after a short absence from work. In addition, other employees were terminated after they exhausted their 12 weeks of FMLA leave.
This recent settlement further emphasizes the EEOC’s consistent and clear position that an employer may have to modify its inflexible leave policy in order to satisfy its duty under the Americans with Disabilities Act to provide a reasonable accommodation to a qualified employee.
When dealing with complicated leave scenarios, employers must continue to carefully coordinate their leave and reasonable accommodation policies to ensure compliance with both the FMLA and the ADA.
PartnerCourtney L. Nichols serves as the leader of Plunkett Cooney’s Litigation Department, and she is a member of the firm’s Labor & Employment Law Practice Group. Ms. Nichols also has the distinction of serving as a member of the Board ...
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Recent Updates
- Sixth Circuit Reinforces Value of Prompt Employer Action in Harassment and Retaliation Claims
- Department of Labor Proposes Rule Altering Joint Employer Analysis
- Federal Policy Favors Arbitration but Poor Drafting Derails Enforcement
- An Employers Guide to New OBBBA Overtime Reporting Requirements
- Federal Court Rules State Discrimination Claims Subject to Mandatory Arbitration
- Are Boilerplate Terms in Employment Applications Enforceable?
- Is Your Business Ready for Pay Transparency Laws?
- Supreme Court Resolves Circuit Split in Reverse Discrimination Cases
- Michigan Legislature Avoids Chaos by Amending Earned Sick Time Act Just Prior to Deadline
- Implementing the Pregnant Workers Fairness Act: Key Insights for Employers
