Zoe Center for Pediatric & Adolescent Health, a healthcare provider located in Hagerstown, Maryland, agreed to pay $70,000 and provide other relief to settle a disability discrimination lawsuit brought against it by the U.S. Equal Employment Opportunity Commission (EEOC).
The EEOC sued after the healthcare facility allegedly failed to reasonably accommodate an employee with a disability and then terminated her employment. The EEOC asserted that the employee, who worked as a pediatric nurse practitioner, informed her employer that she had been diagnosed with depression and requested a brief medical leave as a reasonable accommodation.
Rather than grant her leave, Zoe Center denied her request and subsequently terminated her employment. The EEOC asserted that this conduct violated the Americans with Disabilities Act (ADA), which requires employers to provide reasonable accommodations to employees with disabilities unless doing so would impose an undue hardship.
The resolution of the lawsuit included a consent decree that, in addition to the monetary settlement, requires Zoe Center to implement policies and training to prevent future disability discrimination and retaliation. The decree also mandates that Zoe Center post a notice about the settlement and anti-discrimination laws in the workplace, maintain records on accommodation requests, and report to the EEOC on its handling of such requests.
Source: https://www.eeoc.gov/newsroom/zoe-center-pediatric-adolescent-health-pay-70000-eeoc-disability-discrimination-lawsuit
Commentary
In the above matter, the healthcare employer was charged with retaliation for terminating an employee who asked for a reasonable accommodation regarding her depression diagnosis.
Depression is recognized under the Americans with Disabilities Act as an impairment that can substantially limit one or more major life activities, which means employees experiencing depression may be entitled to reasonable accommodations in the workplace.
When an employee discloses a diagnosis of depression or requests assistance related to their mental health, a healthcare employer should engage in a documented, interactive process, carefully considering accommodations such as medical leave, schedule adjustments, or modifications to tasks and responsibilities.
Blanket denial of these requests or taking adverse employment action, such as termination, can result in legal exposure and enforcement actions by the EEOC and state equal employment agencies.
Risk mitigation includes educating managers and supervisors on how to recognize requests for accommodation. This includes the importance of communicating those requests immediately to those authorized to engage in an interactive process to determine reasonable accommodations. Maintain clear documentation of all accommodations and related discussions, and ensure policies reflect both the spirit and letter of the ADA.
The final takeaway is that by addressing accommodation requests in a timely and thoughtful manner, organizations reduce the likelihood of litigation.
