Mokena-based United Road Towing will pay $380,000 to settle charges it discriminated against employees by terminating them at the end of their medical leaves rather than exploring possible accommodations. The money will be split among 13 employees at the company’s Chicago, Indianapolis, Las Vegas, Los Angeles, Phoenix and San Diego facilities.
Blanket policies that negate the reasonable accommodation process violate the ADA.
The settlement also requires the company to change its policies and train managers about the ADA’s reasonable accommodation process.
Advice: If an employee is disabled, you must engage in an interactive process to identify possible reasonable accommodations. If an employer does not provide an accommodation, it must present evidence that the accommodations the employee suggested were unreasonable because of their cost or potential to disrupt the workplace.
The EEOC has been gunning for employers that routinely fire workers once their sick leave has expired. Now is the time to meet with your attorney to ensure your leave and termination policies comply with the ADA.
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- When you need to trim workforce, focus RIF criteria on measurable factors
- Beware potential new source of lawsuits: Lawyers try RICO in discrimination case
- Ban former employee from premises; it's not retaliation
- Seek Written OK for Internal-Complaint Resolutions