Following the recent return-to-office mandates seen across the nation, the United States Equal Employment Opportunity Commission (“EEOC”) sheds light on possible legal ramifications.
In a December 18, 2024 press release, the EEOC announced its $64,500 settlement with Bell Road Tire and Auto LLC (“Employer”) following an employee’s disability discrimination lawsuit.
In her latest Employment News article, KingSpry’s Employment Law Chair, Avery E. Smith, Esq. reviews a recent disability discrimination lawsuit and offers guidance to employers to ensure their return-to-office mandates are compliant with relevant laws.
Facts of the Case
Following Employer’s implementation of a 100% return-to-office (“RTO”) policy for all employees, a disabled employee sought an accommodation. Allegedly refusing to engage in discussions with the employee about their request, Employer enforced the RTO policy. The employee then filed a complaint with the EEOC.
The EEOC’s investigation found reasonable cause to believe that Employer violated the American with Disabilities Act (“ADA”) by:
- Enforcing the 100% RTO policy;
- Failing to engage in an interactive process with the employee; and
- Retaliating against the employee.
The investigation also revealed that Employer maintained the employee’s medical records with their personnel file, which violates the ADA’s recordkeeping requirements.
Settlement
Employer agreed to pay the employee $64,500 and implement corrective measures, including:
- Appointing an ADA coordinator;
- Updating and distributing written ADA policies to all employees;
- Enhancing EEOC training for supervisors and human resources personnel;
- Implementing a priority placement program for employees seeking reassignment;
- Reporting to the EEOC regarding ADA and retaliation complaints; and
- Posting notices about employees’ rights under the ADA.
Key Takeaways
This case emphasizes the importance of compliance with federal employment laws, including the ADA. Before implementing RTO policies, employers are encouraged to:
Train their team. By offering regular training to employees responsible for managing accommodation requests, employers can mitigate the risk of potential discrimination lawsuits.
Engage in the interactive process. When an employee requests an accommodation, the ADA requires employers to either (1) grant the accommodation or (2) engage in an interactive process—even when an employer intends to enforce an RTO policy for all employees.
Consult with legal counsel. Prior to enforcing policy changes and/or responding to accommodation requests, employers are encouraged to consult with legal counsel to ensure fair treatment of all employees.
