The U.S. Department of Labor has announced it will begin exploring more rigorous enforcement of employer policies that may systemically violate the. No-fault attendance programs fit in that category. They may also violate the ADA.
No-fault attendance programs were designed to be completely objective, the idea being that all absences and therefore all workers are treated equally. In theory, equal treatment means no discrimination.
Because the FMLA and ADA require employers to know why an employee was absent, the no-fault “hear no evil” approach cannot work.
The EEOC made its position abundantly clear recently when it required an Illinois manufacturer to pay $1.7 million in penalties for a no-fault attendance program that illegally punished disabled employees for taking time off. The ADA bars any kind of retaliation for requesting or receiving a reasonable accommodation.
How to comply
Start by examining your attendance po...(register to read more)