EEOC Update /27/2015. I ll Discuss. ADA Charge Statistics. HOW many ADA charges we received. WHO we sued and who had to pay

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1 EEOC Update 2015 J O Y C E W A L K E R - J O NE S SENIOR ATTORNEY ADVISOR E Q U A L E M P L O Y M E N T O P P O R T U N I T Y C O M M I S S I O N I ll Discuss 2 HOW many ADA charges we received WHO we sued and who had to pay WHAT (else) we ve been doing ADA Charge Statistics 25,369/88,778 charges alleging disability discrimination filed in FY nd 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 1

2 Impairments Most Frequently Cited 4 Back Regarded Other Record of Record of charges have increased since 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 Litigation Suits In 2014, EEOC filed 167 lawsuits (19 more than in 2013) 6 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) 2

3 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 7 Targeting disparate pay, job segregation, harassment, and discriminatory policies affecting vulnerable workers Addressing emerging and developing issues in equal employment law Obtaining Unlawful Medical Information 8 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 Asking for Medical History 9 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 3

4 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 10 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 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 11 Court ordered the company to change its policy to make inquiries of drivers only when they are jobrelated 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 Requiring Employee to Return to Work with no Restrictions 12 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 4

5 Failing to Engage in Interactive Process 13 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 Playing Doctor A payroll manager asked to work from home when a workplace chemical aggravated her asthma 14 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 Playing Doctor (cont.) 15 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 5

6 Refusing to Provide Alternative Test 16 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 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 17 Because allowing an employee to use a life coach is a reasonable accommodation, the alleged conduct violates the ADA 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 18 United agreed to revise its policy, train supervisors, and pay more than $1 million to settle the class action 6

7 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 19 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 Wellness Programs 20 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 Pregnancy Discrimination In July 2014, the Commission issued a comprehensive update to its pregnancy guidance, including the application of the ADA to pregnancyrelated impairments 21 Updated and revised guidance on pregnancy accommodation issues in light of Supreme Court s decision in Young v. UPS 7

8 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 22 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 Celebrated two Historic Milestones EEOC s 50 th anniversary th anniversary of the ADA Visit our website at eeoc.gov for online commemorations of both anniversaries Contact Information 24 Joyce Walker-Jones Joyce.Walker-Jones@eeoc.gov (202)