I promised last blog, on the definition of disability under the ADA, that I would give a case on point, to demonstrate what may be considered disabled. Here is a recent matter that didn’t go to court, but reached the outhouse door before settling.
EEOC guidance has made it clear that employers have to follow the ADA even when it contracts with temporary workers. (The exemplary rule of this case would apply to permanent as well as temporary)
Recently, the EEOC settled a case in Illinois against R.R. Donnelly & Sons for failing to accommodate a temporary worker who experienced incontinence problems. The employer permitted the worker to go home to address the problem, but it also called the temp agency and informed it that the worker would not be permitted to return. Because the employer decided to terminate the worker without considering possible accommodations, the EEOC alleged the employer violated the ADA. The case settled with the worker getting $150,000.
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