Professional Service Agreement

EEOC Claims Employer Violated ADA in Applying "Inflexible Attendance Policy"

August 29, 2016

The Equal Employment Opportunity Commission (EEOC) has filed a lawsuit against a poultry producer claiming it violated the Americans with Disabilities Act (ADA) when it discriminated against a class of employees through its "inflexible attendance policy." The Company’s policy capped the number of allowable employee absences in a manner that made little to no allowance for disability-related absences. For example, one employee provided medical excuses for absences related to her asthma, yet was fired upon reaching the maximum number of allowable absences. Regarding the suit, EEOC representatives stated "The ADA requires that employers provide reasonable accommodations, including time off, to workers with disabilities. Attendance policies that categorically limit an employee's absences, without consideration of the individual circumstances of disabled employees, can run afoul of federal law."