On June 30, 2014, the EEOC issued a press release advising that Princeton HealthCare System (PHCS) will pay $1.35 million and will “undertake significant remedial measures to settle a disability discrimination lawsuit brought by the [EEOC].”
PHCS’ leave policy followed the requirements of the Family and Medical Leave Act (FMLA) and provided its employees 12 weeks of leave. Under PHCS’ policy, employees not eligible for FMLA leave were terminated after a short absence from work. In addition, other employees were terminated after they exhausted their 12 weeks of FMLA leave.
This recent settlement further emphasizes the EEOC’s consistent and clear position that an employer may have to modify its inflexible leave policy in order to satisfy its duty under the Americans with Disabilities Act to provide a reasonable accommodation to a qualified employee.
When dealing with complicated leave scenarios, employers must continue to carefully coordinate their leave and reasonable accommodation policies to ensure compliance with both the FMLA and the ADA.
PartnerA member of the firm's Bloomfield Hills office, Courtney L. Nichols serves as Co-Leader of Plunkett Cooney's Labor and Employment Law Practice Group.
Ms. Nichols focuses her litigation practice in the area of employment law ...
Add a comment
Subscribe
RSS Plunkett Cooney LinkedIn Page Plunkett Cooney Twitter Page Plunkett Cooney Facebook Page
Topics
- Employment Liability
- Wage & Hour
- Department of Labor (DOL)
- Family Medical Leave Act (FMLA)
- Labor Law
- Fair Labor Standards Act (FLSA)
- National Labor Relations Act
- Equal Employment Opportunity Commission (EEOC)
- Minimum Wage
- Human Resources
- Employment Discrimination
- Business Risk Management
- Title VII
- Americans With Disabilities Act (ADA)
- Sick Leave
- Cannabis
- Employment Agreement
- Paid Medical Leave Act (PMLA)
- Contracts
- National Labor Relations Board
- Retaliation
- Transgender Issues
- Whistleblower Protection Act
- Uniformed Services Employment and Reemployment Rights Act (USERRA)
- LGBTQ
- Class Actions
- Workplace Harassment
- Hostile Work Environment
- Department of Education (DOE)
- Title IX
- Tax Law
- Medical Marijuana
- ERISA
- Right to Work
- Health Insurance Portability and Accountability Act (HIPAA)
- Diversity
- Union Organizing & Relations
Recent Updates
- Coordinating Employee Leaves of Absence
- Department of Labor Publishes Final 'Joint Employer' Regulation
- Practical Advice for Creating Effective Managers
- Non-Discretionary Bonuses Affect Overtime Pay, Other Wage Issues
- Michigan Supreme Court Decides not to Issue Advisory Opinion on Constitutionality of the PMLA
- Employers Should act Despite Supreme Court ‘Adopt and Amend’ Cliff Hanger
- Appellate Court Scores Employee’s FMLA Abuse Claim as Below Par
- What Should Michigan Employers do now That Recreational Marijuana Is Legal?
- Lessons Learned – Part Three – The Oral Contract
- Lessons Learned – Part Two – Punitive Damages