Benedictine Health Services settles accommodations suit

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in Employment Law,Human Resources

New Brighton-based Benedictine Health Services at Innsbruck has agreed to settle a disability suit lodged by the EEOC.

Two former employees initially complained that Benedictine required them to be free of medical restrictions before they could return to work from medical leave unless the restrictions were due to an on-the-job injury. They argued the policy violated the ADA because Benedictine did not engage in the individualized assessment the law requires.

Benedictine abandoned the policy in 2010.

The settlement requires Benedictine to fully compensate the two employees, a total of $30,912. It must revise its policies and procedures to comply fully with the ADA.

Advice: Review all blanket policies relating to employee disabilities. Your goal: To determine whether they violate the ADA, specifically its requirement to conduct an interactive process to determine if reasonable accommodations can help disabled employees do their jobs. If you are unsure of a policy, ask your attorney for an opinion.

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