EEOC strikes again! $4.85 million consent decree punishing inflexible leave policies in violation of ADA

Marti Cardi, J.D., Chief Compliance Officer Megan G. Holstein, J.D., Senior Counsel On November 8, 2012, the EEOC achieved yet another multi-million dollar settlement in a lawsuit alleging systematic disability discrimination, specifically targeting an employer’s inflexible leave policy.  Specifically, the employer’s policies required two things: first, any employee who took a leave of absence for … Continued

ADA Lawsuits on the Rise

Employers Must Utilize Accommodation Process Following Leave of Absence By Martha J. Cardi, Chief Compliance Officer, Reed Group There has been a surge in the filing of charges and lawsuits under the Americans with Disabilities Act (ADA) reported in 2010. Total charges filed with the EEOC in 2010 increased by 7.1% over charges filed in … Continued

$3.2 Million Decree Reminds Employers: Leaves of Absence and ADA Accommodation Go Hand in Hand

By Marti J. Cardi, Chief Compliance Officer, Reed Group Many employers may treat their obligations under the Americans with Disabilities Act (ADA) as unrelated to their management of leaves of absence because they are required under other laws or policies, such as the FMLA, company disability leaves, or workers’ compensation. A recent settlement by the … Continued

Difficulty in Access to Workplace May Require ADA Accommodation

Jeanette Colwell worked for Rite Aid as a clerk, working a varied schedule that included frequent evening shifts. Eventually, due to a medical condition, Colwell became blind in one eye. Her doctor advised her to refrain from driving at night for safety reasons. Colwell requested that she be scheduled only for day shifts, as there … Continued