The EEOC sued Allegiance Health Management in the U.S. District Court for the Western District of Louisiana and alleged disability discrimination on behalf of an environmental technician employed at Byrd Regional Hospital in Leesville, Louisiana.
The EEOC alleged the healthcare employer violated the Americans with Disabilities Act by subjecting the employee to illegal medical inquires and by "maintaining an inflexible leave policy that did not allow for reasonable accommodation". The employee was fired while she recovered from a heart attack because she did not qualify for further leave" under the employer's policies.
Source: https://www.eeoc.gov/newsroom/eeoc-sues-allegiance-health-management-disability-discrimination
Commentary
Healthcare organizations can prevent ADA claims related to failure to provide reasonable accommodations by establishing clear, responsive, and well-documented accommodation processes. Denying accommodations is only lawful if it causes undue hardship, which must be carefully evaluated with consideration of the organization's resources and operational impact.
When an employee discloses a disability or requests accommodation, the organization must promptly engage in a genuine interactive process. This process involves open dialogue, gathering relevant medical information confidentially, and considering a range of accommodation options such as job restructuring, modifying work schedules, providing assistive devices, reassigning tasks, or additional leave.
Employers should train managers and HR staff to recognize accommodation requests and to respond timely by communicating those requests to those authorized in the organization to engage in the interactive process.
Have an accurate job description which includes the essential functions of each job and communicate that clearly, so accommodations can be made without compromising workplace standards. Monitoring accommodations post-implementation ensures they remain effective and allows for adjustments if the employee's condition or job duties change.
Maintaining thorough records of all accommodation requests, interactive process communications, and final decisions protects healthcare organizations from claims and demonstrates responsiveness.
By cultivating an inclusive environment that prioritizes communication, flexibility, and respect for persons with disabilities, healthcare entities can significantly reduce exposure to ADA claims related to accommodation failures and uphold their legal and ethical obligations.
