Trusight Inc.

EEOC Ruling Results in $20 Million Settlement

9/6/2011By Debra Dorgan, SPHR

The EEOC (Equal Employment Opportunity Commission) and Verizon Communications recently settled the single largest disability discrimination lawsuit in agency history. It clearly demonstrates the EEOC’s commitment to aggressive enforcement, particularly as it relates to providing reasonable accommodation under the Americans with Disabilities Act (ADA).

The suit, against 24 of the company’s subsidiaries, claimed that Verizon denied reasonable accommodations to hundreds of employees who were subsequently disciplined and/or fired under the company’s attendance policy, described as a “no fault attendance plan.” Under the attendance plan, if an employee accumulated a specified number of “chargeable absences,” they were given disciplinary action which could ultimately lead to more serious consequences, up to and including termination of employment. According to the suit, in enforcing its policies Verizon failed to make or consider reasonable accommodations for employees with disabilities. Such accommodations could include making an exception to the policy when employees’ absences were caused by their disabilities. Under the ADA, an employer is required to provide reasonable accommodations to an otherwise qualified employee with a disability, unless doing so would cause an undue hardship (significant costs or other difficulty) for the employer.

In addition to monetary relief, Verizon agreed to 1) revise its attendance plans and ADA policy to include reasonable accommodations for individuals with disabilities, 2) provide training on the ADA for employees who are responsible for the attendance plans, 3) post a notice about the settlement, and 4) appoint an internal monitor to ensure its compliance with the settlement agreement.

The Verizon case is a reminder to employers of just how important it is to understand the ADA and reasonable accommodation requirements. Now is a good time to revisit your existing policies and practices to be certain that they:

• Allow for case-by-case review of individual leave circumstances (e.g. duration of leave and holding of a position) and undue hardship considerations.
• Contain language that refrains from stating strict and specific length of leave timeframes or termination dates.
• Require multi-level review of all discipline and termination decisions in light of ADA requirements.
• Make certain complaint and other employee procedures are clear and easy to follow.
• Communicate leave policies, expectations, and procedures to all employees.
• Train managers and supervisors on the requirements of the law as well as internal policies and procedures and engage them in assessing reasonable accommodation opportunities.
• Be open to discussing and considering reasonable accommodation options.
• Have internal investigations procedures that are neutral and solutions-oriented.
• Ensure that managers understand all types of disabilities-related issues, including ramifications of drug and alcohol use.

Since the ADA was passed and became effective in 1994, the private sector workplace has been prohibited by federal law from discrimination against individuals with disabilities. Because of the complex regulations, including the definition of disability, privacy concerns, and employers’ obligations to take proactive steps in the form of reasonable accommodations, interpreting and
complying with the ADA can be a unique challenge. The Job Accommodation Network (JAN) (www.askjan.org) is an excellent resource for employers with questions about workplace accommodation and the ADA in general.

Trusight has also established partnerships with a variety of groups that can assist companies in assessing reasonable accommodation possibilities.

Trusight’s classes on the ADA and related topics can ensure that your organization is up to date and in compliance. An Overview of the FMLA and ADA is being held on Tuesday October 25th. For more information or to register, click here.