Three more employers in the health care business have been sued by the EEOC for violations of the ADA. On September 27th we wrote that given the blitz of new case filings the EEOC has apparently decided to go after companies which allegedly violate the ADA. (It is also apparently targeting pregnancy discrimination cases – see our blog from earlier today).
In the first case, the EEOC alleges that University of Maryland Faculty Physicians, Inc. has a lateness and attendance policy which fails to provide for exceptions or modifications to its attendance policy as a reasonable accommodation for individuals with disabilities, and, in this case, refused to provide an additional day of unpaid leave as a reasonable accommodation to an employee with Crohn’s disease who was unable to work for two weeks while undergoing medical treatment, including two emergency room visits and a hospitalization.
In the second case, the EEOC allege a day care center operated by Osceola Community Hospital in Sibley, Iowa unlawfully failed to hire a woman as a child care worker despite the fact that she has years of child care experience because of her cerebral palsy. She was passed over in favor of less-qualified applicants.
In the third case, the EEOC sued St. Alexius Medical Center (SAMC) in