The Importance of an EEOC Attorney
Employers have an obligation under the Americans with Disabilities Act (“ADA”), to provide accommodations to employees with known medical disabilities.
Employers also have an obligation to train their employees and management staff about its reasonable accommodation policy.
There are times when employers over overlook this and it affects individuals. When that time comes, both employers and employees will need the an experienced EEOC Attorney. One who fully understands Equal Employment Opportunity Commission laws and regulations.
The $725,000 Bottle of Orange Juice
On August 7th, the Sixth Circuit Court of Appeals upheld a jury verdict the EEOC won against Dollar General for ADA discrimination against an employee with diabetes. How did Dollar General violate the ADA? It fired the employee for drinking orange juice at her register before paying for it during a hypoglycemic attack. The cashier paid the $1.69 for the juice as soon as her medical emergency passed.
Dollar General had an ADA accommodation policy in place, but the store’s employees were unaware of it. Despite the policy, the district manager and loss prevention manager fired the cashier for drinking juice at the register before paying for it. However, Dollar General knew about her diabetes and her request for accommodation to keep juice near the register.
The employee was awarded $27,565 in back pay, $250,000 for emotional distress $446,322 in attorneys’ fees and $1,676.95 in costs for a total award of $725,563.95. Dollar General was also ordered to change its policies, send notices to employees, conduct expensive and time-consuming training on ADA accommodations and be monitored by the EEOC for three years.
And, to top it all off, the EEOC distributed a press release detailing Dollar General’s mistakes and punishment. The media picked up the story nationwide.
Insight From an EEOC Attorney
EEOC Attorney Faye Williams stated, “This case highlights another employer who failed to train its employees on the reasonable accommodation requirements under the ADA. Dollar General represents one of the largest variety retailers in the country. Yet it failed to ensure that its employees and management staff knew about its reasonable accommodation policy. It was as if Dollar General had no policy at all. We hope this jury verdict sends a message to employers to train your employees on the ADA.”
Employers should be aware of the triggers to engage in an interactive process and should know when disciplinary measures cross the line into violating the ADA.
And, employees should know their rights and how to receive appropriate accommodations for known disabilities.
We help executives and employees pursue claims and assist employers defending claims. Our experience of seeing these cases from both sides gives the employment lawyers at Rogge Dunn Group insight into what the other side is thinking and enables us to implement effective strategies and tactics.
Companies have hired us to provide sensitivity and other training to comply with training ordered by the EEOC.
For more information, contact us at 214-888-5000 or [email protected]