The U.S. Equal Employment Opportunity Commission sued a New Mexico medical facility, Christus St. Vincent Regional Medical Center, and alleged violations of the Americans with Disabilities Act.

The EEOC alleges that a long-term employee at the facility was not provided a reasonable accommodation and was terminated because of her disability. The employee fractured her foot and tore tendons in her ankle. She went on medical leave and upon her return, worked light duty in a patient care position for several months. The employee then requested a reassignment as a reasonable accommodation related to her disability.

However, the medical facility did not reassign her. Instead, it terminated her employment.

Source: https://www.eeoc.gov/newsroom/eeoc-sues-st-vincent-hospital-disability-discrimination-0

Commentary

In the above case, a termination followed very soon after a period of medical leave and a request for a reasonable accommodation. Although timing alone does not prove discrimination, a termination that occurs that quickly after such events invites suspicion of discrimination and/or retaliation.

In all states except Montana, , an at-will employee may be terminated for any reason, at any time, with or without notice, so long as that reason is not illegal. If the termination alleged above was actually made because of the employee's medical leave period and accommodation request, that would be a violation of the Americans with Disabilities Act, and therefore an illegal reason for termination.

Healthcare organizations should always make sure terminations are based on documented, business-related reasons that do not violate the law. They should also take care that terminations do not follow closely behind any event related to a protected characteristic - for example, in this case - the employee's medical leave and reasonable accommodation request related to her disability status.

Healthcare organizations may reduce the termination timing risks by taking the following steps:

· Flag any termination recommendation involving an employee who has recently been on medical leave or requested an accommodation for further review

· Always document all employee performance or behavior concerns that could potentially lead to termination or other adverse action

· Require reasons for termination that do not rely in any way on the employee's disability status

· Delay planned termination or other adverse employment actions if the employee involved requires medical leave or requests a reasonable accommodation

· Train managers and supervisors regarding the importance of the interactive process for accommodation requests and to whom in the organization such requests should be referred to

· Provide anti-disability discrimination training to all personnel involved in termination decisions and/or communications

The final takeaway is that terminating an employee right on the heels of medical leave and/or a reasonable accommodation request invites scrutiny. Absent a documented reason for termination that is independent of the employee's disability status, this creates risk.