BayMark Health Services, through its subsidiary MedMark Treatment Centers, agreed to pay $55,000 to settle a disability discrimination charge filed by the U.S. Equal Employment Opportunity Commission (EEOC).
The case involved a counselor at MedMark's treatment center in Vallejo, California, who requested disability accommodations to return to work after an extended medical leave. The EEOC's investigation found that the company denied the accommodation request and terminated the counselor due to the counselor's disability.
This conduct violated the Americans with Disabilities Act (ADA), which requires employers to provide reasonable accommodations to employees with disabilities who can perform the essential functions of their job, barring an undue hardship.
As part of the settlement, BayMark Health Services agreed to provide backpay and compensatory damages, revise its non-discrimination policies and procedures, conduct training for all managers and HR personnel at the Vallejo location, and post a notice concerning EEO rights.
Margaret Ly, acting director of the EEOC's Oakland Local Office, commended BayMark for their commitment to ensuring compliance with the ADA's requirements and emphasized the importance of engaging in the interactive process in response to a request for reasonable accommodation.
https://www.eeoc.gov/newsroom/baymark-health-services-pay-55000-eeoc-disability-discrimination-charge
Commentary
In the above matter, the EEOC press release stresses the importance of "engaging in the interactive process".
The interactive process is a collaborative effort between an employer and an employee (and often, the employee's healthcare provider) to identify and implement reasonable accommodations that enable the employee to perform their job duties despite having a disability. This process is required under the Americans with Disabilities Act (ADA) and involves several steps:
- Initiation: The process begins when an employee requests an accommodation or when the employer recognizes the need for one.
- Communication: Both parties engage in open dialogue to understand the employee's limitations and the nature of the disability.
- Assessment: The employer assesses the job requirements and the employee's abilities to determine what accommodations are necessary.
- Implementation: The employer provides the agreed-upon accommodations, which may include modifications to the work environment, job restructuring, or assistive devices.
- Follow-up: Continuous monitoring and adjustments are made to ensure the accommodations remain effective.
Healthcare organizations should develop standards that incorporate the interactive process for employees returning to work for several reasons:
- Compliance: Adhering to the ADA's requirements helps avoid legal repercussions and ensures the organization is compliant with federal laws.
- Employee well-being: Providing reasonable accommodations supports employees' health and well-being, enabling them to return to work and perform their duties effectively.
- Retention: Accommodating employees with disabilities can improve retention rates by fostering a supportive and inclusive work environment.
- Productivity: Employees who receive the necessary accommodations are more likely to be productive and engaged in their work.
- Reputation: Demonstrating a commitment to inclusivity and support for employees with disabilities enhances the organization's reputation and can attract top talent.
The final takeaway is that by developing standards that incorporate the interactive process, healthcare organizations can create a more inclusive and supportive workplace, ultimately benefiting both employees and the organization.
