Federal Panel EEOC Presentatiobn
Slide 1
EEOC Update 2015
Joyce Walker-Jones
Senior Attorney Advisor
Equal Employment Opportunity Commission
Slide 2
I’ll Discuss
HOW many ADA charges we received
WHO we sued and who had to pay
WHAT (else) we’ve been doing
Slide 3
ADA Charge Statistics
25,369/88,778 charges alleging disability discrimination filed in FY 2014
2nd year in which ADA charges have decreased since the previous year
For most impairments, percentages of charges relative to total number of charges filed has remained relatively constant
Slide 4
Impairments Most Frequently Cited
[Pie chart showing impairments cited: Back – Regarded - Other
Slide 5
Record of
“Record of” charges have increased since 2008
Went from 5.9% of charges in 2007 to 6.6% in 2008 (first time over 6% of charges)
In 2009 and 2010, record of charges were also 6.6% of total ADA charges
Declined slightly in 2011 to 6.0% of charges but increased to 7.3 % in 2014
Slide 6
Litigation Suits
In 2014, EEOC filed 167 lawsuits (19 more than in 2013)
76 of those suits raised Title VII claims (about the same as in 2013 when 78 suits raised such claims)
49 raised ADA claims (about the same as in 2013 but down from 2011 when EEOC filed 80 ADA claims)
Slide 7
National Enforcement Priorities
Eliminating barriers in recruitment and hiring by targeting class-based recruitment and hiring practices that discriminate against certain groups, such as people with disabilities
Targeting disparate pay, job segregation, harassment, and discriminatory policies affecting vulnerable workers
Addressing emerging and developing issues in equal employment law
Slide 8
Obtaining Unlawful Medical Information
Applicants were given a pre-offer employment assessment performed by a psychologist
Target agreed to pay $2.8 million to resolve violations of the ADA and Title VII
Slide 9
Asking for Medical History
Applicant was asked whether she had any health problems, whether she had any major illness in the past five years, and about family medical history
Applicant then told there were no vacant positions but suit alleges there were at least two; company also filled at least nine other positions during the time it told applicant it would keep her application open
Slide 10
Firing Employee for not Disclosing Medical Condition
An applicant for an adult day care center was asked whether she had any physical condition that would limit her ability to perform her job driving clients
She responded “no” and was hired, but later told employer that she had diabetes after experiencing few minutes of blurred vision
Employer fired her for not disclosing her condition before she was hired
Slide 11
Subjecting Employees to Overly Broad Inquiries
A trucking company’s medical clearance policy required all drivers to notify company whenever driver had any contact with a medical professional
Court ordered the company to change its policy to make inquiries of drivers only when they are job-related and consistent with business necessity
Company also was ordered to provide $225,998 in back pay, $49,114 in compensatory damages, and $225,998 in punitive damages
Slide 12
Requiring Employee to Return to Work with no Restrictions
After a health and wellness director took leave for symptoms due to fibromyalgia, her employer refused her request for a temporary modified work schedule, an ergonomic chair, and adjustments to the lighting in her office and instead required her to remain on leave, then fired her
Company agreed to pay $112,500 to settle the lawsuit
Slide 13
Failing to Engage in Interactive Process
Employee at a healthcare provider had an epileptic seizure while at work and requested an accommodation because of temporary side effects of seizure medication
Employer ignored employee’s request
Company agreed to pay $100,000 to settle the suit and to provide ADA training to employees
Slide 14
Playing Doctor
A payroll manager asked to work from home when a workplace chemical aggravated her asthma
Employer decided that her asthma would only worsen if she ever returned to work and terminated her
Company will pay the employee $58,000 in loss wages, provide ADA training, and draft a policy specifically allowing telework as a reasonable accommodation
Slide 15
Playing Doctor (cont.)
An office associate who took two months leave following a double mastectomy for breast cancer asked for additional leave that would have exceeded the hospital’s six-month leave policy
After meeting to discuss request, managers decided that employee looked “fragile” and unlikely to return and fired her
The hospital agreed to change its policy and pay the employee $300,000
Slide 16
Refusing to Provide Alternative Test
Applicant was offered a job as an assistant store manager contingent on passing a urinalysis for illegal drugs
She informed a manager that she could not produce urine because of a renal disease
Employer refused to order alternative drug test
Wal-Mart will pay $72,000 and provide significant equitable relief
Slide 17
Failing to Allow a Job Coach
After observing an employee with Down Syndrome using an independently employed and insured job coach, a visiting partner ordered the pizza company to fire the employee
Because allowing an employee to use a life coach is a reasonable accommodation, the alleged conduct violates the ADA
Slide 18
Requiring Employees Needing Reassignment to Compete for Vacancies
Airline’s reassignment policy required employees with disabilities to compete for vacant positions for which they were qualified
United agreed to revise its policy, train supervisors, and pay more than $1 million to settle the class action
Slide 19
Denying Leave to Probationary Employee
A maintenance worker requested six weeks of unpaid leave to obtain treatment for seizures caused by disabilities related to his service in the military
Although company offered up to 26 weeks of paid leave to non-probationary employees, it fired employee because he was probationary
Company will pay the employee $65,000 and revise its policies to ensure that probationary employees are given unpaid leave as a reasonable accommodation
Slide 20
Wellness Programs
On April 20, EEOC issued a notice of proposed rulemaking on how the ADA applies to workplace wellness programs that include disability-related inquiries and/or medical examinations
Received more than 340 substantive comments during 60-day comment period
Currently considering those comments in drafting file rule
Slide 21
Pregnancy Discrimination
In July 2014, the Commission issued a comprehensive update to its pregnancy guidance, including the application of the ADA to pregnancy-related impairments
Updated and revised guidance on pregnancy accommodation issues in light of Supreme Court’s decision in Young v. UPS
Slide 22
Workplace Harassment
30 percent of the charges filed in FY 2014 alleged workplace harassment, with race being most frequently cited followed by disability and gender
Commission held a public hearing to hear from experts
Commissioners Felblum and Lipnic are co-chairing a task force to identify problems leading to harassment claims and effective strategies for preventing and remedying workplace harassment
Slide 23
Celebrated two Historic Milestones
EEOC’s 50th anniversary
25th anniversary of the ADA
Visit our website at eeoc.gov for online commemorations of both anniversaries
Slide 24
Contact Information
Joyce Walker-Jones
(202)663-7031