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ADA: EEOC Sues Denny’s, United Airlines for Disability Violations

Last week, the U.S. Equal Employment Opportunity Commission (EEOC) filed two separate lawsuits charging Denny’s Inc. and United Airlines with violations of the Americans with Disabilities Act.

In one case, the EEOC alleged that Denny’s, which operates over 500 restaurants in 30 states, violated the rights of disabled workers by maintaining a maximum medical leave policy that automatically denied medical leave beyond a predetermined limit, even when additional leave was needed as a reasonable accommodation. The suit, filed on behalf of disabled Denny’s employees nationwide, is now pending in a federal district court in Maryland.


Our HR Management & Compliance Report: How To Comply with California and Federal Leave Laws, covers everything you need to know to stay in compliance with both state and federal law in one of the trickiest areas of compliance for even the most experienced HR professional. Learn the rules for pregnancy and parental leaves, medical exams and certifications, intermittent leaves, required notices, and more.


In the other case, the EEOC accused United Airlines of violating the ADA by firing three employees who, because of disabilities, couldn’t meet the airline’s requirement that employees work a minimum of 30 hours per week. According to the lawsuit, filed in a Seattle federal district court, the airline required employees who couldn’t meet the 30-hour minimum to either retire or go on leave, and then terminated workers when their leave ran out. The suit was filed on behalf of United reservation and service representatives nationwide.

Additional Resources:

Leave for Injured and Disabled Workers: How to Navigate the Workers’ Comp, ADA, and FMLA Maze in California A California Employer Advisor Employer Guide

Reasonable Accommodation fact sheet U.S. Equal Employment Opportunity Commission


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