On June 30, 2014, the EEOC issued a press release advising that Princeton Health Care 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.
- Partner
A member of the firm's Bloomfield Hills office, Courtney L. Nichols serves as the firm's Special Litigation Department Leader.
Ms. Nichols focuses her litigation practice in the area of employment law, including discrimination ...
Add a comment
Subscribe
RSSTopics
- Employment Liability
- Department of Labor (DOL)
- Employment Agreement
- Labor Law
- Equal Employment Opportunity Commission (EEOC)
- Noncompete Agreements
- Employment Discrimination
- Human Resources
- Wage & Hour
- Fair Labor Standards Act (FLSA)
- Federal Trade Commission
- National Labor Relations Act
- COVID-19
- Americans With Disabilities Act (ADA)
- National Labor Relations Board
- Tax Law
- Minimum Wage
- Coronavirus
- Civil Litigation
- Settlements
- Family Medical Leave Act (FMLA)
- Contract Employees
- Whistleblower Protection Act
- Regulatory Law
- Paid Medical Leave Act (PMLA)
- National Labor Relations Board (NLRB)
- OSHA Issues
- Title VII
- Unemployment Benefits
- Retaliation
- Sick Leave
- Workplace Harassment
- Accommodations
- First Amendment
- Contracts
- Transgender Issues
- Public Education
- Hostile Work Environment
- Business Risk Management
- At Will Employment
- ERISA
- Workers' Compensation
- Department of Justice
- Cannabis
- Medicare Issues
- LGBTQ
- Class Actions
- Sexual Harassment
- Garnishments
- Civil Rights
- Social Media
- Retail Liability
- RICO
- Emergency Information
- Uniformed Services Employment and Reemployment Rights Act (USERRA)
- Department of Education (DOE)
- Title IX
- Medical Marijuana
- Right to Work
- Health Insurance Portability and Accountability Act (HIPAA)
- Diversity
- Union Organizing & Relations
Recent Updates
- Employers Should act Now to Address Rising DOL Salary Thresholds for Exempt Employees
- Is This the end of the Employee Non-Compete Clause?
- Tax Considerations When Settling an Employment Claim 2.0
- DOL Finalizes Rule Tightening Independent Contractor Test
- NLRB Finalizes Rule Broadening Joint Employer Test
- EEOC Issues New Proposed Enforcement Guidance on Harassment in the Workplace
- Proposed Rule Change to Minimum Salary Requirements Would Expand Overtime Pay to Millions of Workers not Currently Eligible
- U.S. Supreme Court Bolsters Right of Employees to Request Religious Accommodations
- U.S. Supreme Court Rules Website Designer Free to Refuse Services Under First Amendment
- NLRB Restores FedEx II Standard When Factoring Workers’ Entrepreneurship