Wednesday, December 26, 2012

The EEOC's Aggressive Stance on Disability Discrimination Continues

See this article by that title from JD Supra.  It begins:
Dillard's Inc., a large national retail chain, has agreed to pay $2 million to resolve a class action disability discrimination lawsuit filed by the Equal Employment Opportunity Commission (EEOC). This settlement is further evidence that the EEOC will continue to go after employers if their policies and practices fail to adhere to the mandates of the Americans with Disabilities Act (ADA)
As part of its complaint, the EEOC claimed that the national retail chain violated the ADA by: 
  • Having an attendance policy that, without exception, required all employees to provide a doctor's note disclosing the exact nature of their medical condition in order for such absences to get approved, and terminating employees if they refused to give Dillard's more specific health-related information, the employee could be terminated for absenteeism; and
  • Automatically terminating employees for taking sick leave beyond the maximum amount allowed under company policy - without considering the ADA.

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