Accommodation for Disability

Volvo Group North America, LLC will pay $70,000 and institute a three-year consent decree to resolve a federal disability discrimination suit brought by the U.S. Equal Opportunity Employment Commission (EEOC).

According to the suit, Volvo made a conditional job offer to a qualified applicant for a laborer position at its Hagerstown, Maryland facility.  The applicant,

Employee Handbook
Copyright: iqoncept / 123RF Stock Photo

In newly published guidance, the Equal Employment Opportunity Commission (“EEOC”) discusses employer leave policies and the Americans with Disabilities Act (“ADA”). This guidance is significant for a number of reasons.  First, ADA-related developments feature prominently in the EEOC’s most recent enforcement plan.

The EEOC “must be licking its chops,” we said in our post on June 14th.  Why?

 licking its chops : Cat licking its chops

It achieved a PR coup in the form of a new lawsuit against a Detroit nonprofit which helps people with disabilities — appropriately named  the “Disability Network” — for allegedly violating the ADA by discriminating against a deaf employee.

Last week we reported about the EEOC entering into a consent decree settling a disability suit for $30,000.  The suit was against a Minneapolis-area home health care provider for failing to provide a reasonable accommodation to a housekeeping employee who suffered from fibromyalgia and osteoarthritis — and then firing her.

We stressed a few major

On October 7th we asked the questions:  Must an employee who needs an accommodation (disability-related) actually request it?   Or must the employer be “clairvoyant” and infer such a request from the circumstances of the case?

We spotlighted a new decision from an Illinois federal court which held that the employer (the US Postal Service) had

Yes — that’s what an EEOC attorney said upon the settlement for $75,000 of an ADA case it brought in California against Kaiser Permanente, the US’s largest managed care organization.

Indeed, this is not the first such pointed comment from the EEOC:  just recently we quoted an EEOC attorney commenting on the filing of a

Our Canadian employers may be interested that on November 3, 2014, Doug MacLeod of The MacLeod Law Firm in Toronto will be co-hosting a seminar on managing disabled employees.

seminar training : Portrait of a confident senior manager giving presentation to his colleagues at office

As he says:  “There is a perfect storm developing when it comes to managing disabled employees. The workforce is aging and some older workers can’t perform