Ignorance regarding recent amendments to the Americans with Disabilities Act is no excuse for noncompliance; employers “should get up to speed” on these changes, the U.S. Equal Employment Opportunity Commission said in announcing a settlement agreement this week. The agency added that the ADA amendments make it clear that employers should not overanalyze whether an employee’s impairment rises to the level of a protected disability.
Under the agreement, Wal-Mart will pay $50,000 to settle a lawsuit (No. 2:11-CV-00834, N.M. Dist.) alleging that the retailer failed to accommodate a sales clerk with cerebral palsy and then fired her because of her impairment.
According to the EEOC, Marcia Arney returned from a medical leave of absence with a doctor’s note requesting she be allowed periodic sitting breaks. Her manager refused to allow her to return to work until she could provide a full medical release, the EEOC alleged in its suit filed on Arney’s behalf.
The medical restriction easily could have been accommodated, the commission said. “In fact, had the employer inquired further, it would have learned that her need for accommodation was temporary.
“Federal regulations explaining amendments to the ADA made it clear that many impairments, cerebral palsy among them, do not require a lengthy analysis to determine whether or not they are ‘substantially limiting,’ which is the standard for coverage,” said Robert A. Canino, regional attorney for the EEOC’s Dallas office in a statement. “Employers who used to argue otherwise should get up to speed on the clarifications Congress made to the ADA to ensure that most people with disabilities will be covered.”
For additional information about leave and disability, see Thompson’s employment law library including the ADA Compliance Guide.