We could devote an entirely separate blog to the EEOC’s targeting of health care providers for allegedly violating the Americans With Disability Act (“ADA”). Indeed, we have reported on this innumerable times (most recently on August 3rd) — we have said repeatedly that for the EEOC these cases are like shooting fish in a barrel – the bad PR alone can sink the company’s defense of the lawsuit (and even the company). Why else would the EEOC file so so many ADA suits against the health care industry — is there something different about health care of which we are unaware?
So, tiredly, we report yet again on the filing of a new EEOC suit, this time against Riverside Methodist Hospital in Columbus, Ohio, for allegedly firing an employee with narcolepsy, a chronic central nervous system disorder, instead of permitting her to work vacant day shifts for which she was qualified, her requested “reasonable accommodation.”
We encourage employers, as does the EEOC, to engage in a bona fide, good faith dialogue with employees with disabilities who seek a “reasonable accommodation ” Said an EEOC attorney about this lawsuit: “Instead of simply solving this situation, the hospital pursued a course which forced the EEOC to take legal action to protect this woman’s rights.”