A recent lawsuit filed by the Equal Employment Opportunity Commission (EEOC) against an appliance business sheds light on critical violations related to disability accommodation. The federal agency accused the appliance store, located in Colorado, of violating the law by denying reasonable accommodation to an employee with long COVID, which ultimately led to her termination. 

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Appliance Store Denies Employee Reasonable Accommodations Leading to Termination 

As detailed in the lawsuit, a sales associate who continued to experience symptoms associated with a COVID-19 infection requested an additional leave of approximately one to two weeks. Despite this request, the appliance business refused the accommodation and failed to engage in a meaningful discussion with the employee regarding her condition or explore alternative accommodations. Subsequently, upon the expiration of the sales associate’s leave, the company terminated her employment. 

The EEOC has highlighted that such conduct stands in direct violation of the Americans with Disabilities Act (ADA), which strictly prohibits discrimination based on disability. In response to this, the EEOC initiated legal action in the U.S. District Court for the District of Colorado. This legal action follows the EEOC’s initial efforts to settle the matter through conciliation before resorting to litigation. 

What Employers Should Know 

Mary Jo O’Neill, EEOC Regional Attorney, underscored the legal obligation for employers to provide reasonable accommodations to employees with conditions like long COVID, as outlined by the ADA. Additionally, Amy Burkholder, the EEOC’s Denver Field Office Field Director, emphasized the importance of employers offering reasonable accommodations, maintaining that failure to do so would result in accountability measures taken by the EEOC. 

Conclusion 

This case serves as a stark reminder for Business owners regarding their obligations under the ADA. Employers are mandated to engage in constructive dialogue with employees requiring accommodations due to disabilities and offer reasonable solutions, barring any undue hardship to the company. The EEOC’s stance reaffirms the significance of upholding employee rights and enforcing compliance with anti-discrimination laws in the workplace. Businesses should take proactive measures to ensure they meet these legal obligations, fostering a fair and inclusive work environment for all employees. 

Asure’s HR experts help business owners comply with federal, state, and local employment laws. Learn how to protect your business here. 

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