Employer Pays $4.85 Million to Settle EEOC Disability Suit

Today the EEOC announced a settlement that serves as a reminder that an employer’s obligation to provide leave to an employee does not end at the expiration of the employee’s 12 week leave under the Family Medical Leave Act (FMLA).  The settlement also makes clear that policies that call for automatic termination if an employee does not return to work when they exhaust their 12 weeks of FMLA leave violate the Americans with Disabilities Act (ADA).    Before terminating an employee who has been on leave, an employer must engage in the interactive process with the employee to determine if it would be reasonable to provide additional leave as an accommodation under the ADA  (or some other accommodation that would allow the employee to return to work).   http://eeoc.gov/eeoc/newsroom/release/11-9-12.cfm


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