ADA Inflexible Leave Case Settled

Lawsuits involving inflexible leave policies always get my attention. I have been speaking and writing about such policies for decades. Last year, the EEOC sued Pilgrim’s Pride, alleging that it had violated the ADA by not modifying its attendance and leave policies to accommodate an employee with a disability. Earlier this month, the case was settled for $50,000 and other non-monetary relief.

money-nyc

In its press release about the settlement, an EEOC official stated that “Nearly 30 years after the enactment of the ADA, some employers are still enforcing inflexible attendance policies… This lawsuit is a reminder to employers they have an obligation to make exceptions to attendance policies and provide leave as a form of reasonable accommodation unless doing so would result in undue hardship.”

Underlying the EEOC’s inflexible leave position is the oxymoronic anomaly that an individual who cannot come to work is nonetheless a qualified individual with a disability, defined as one who can perform the essential functions of the position either with or without an accommodation.

Not all courts subscribe to the EEOC’s view of inflexible leave policies. In 2017, the Seventh Circuit not only rejected the EEOC’s inflexible leave position but also held that the ADA does not even govern medical leaves. “The ADA is an antidiscrimination statute, not a medical-leave entitlement…. Long-term medical leave is the domain of the FMLA,” the Seventh Circuit said in Severson v. Heartland Woodcraft, Inc. Continue reading