Geisinger Health, Geisinger Health System Foundation, and Geisinger Wyoming Valley Medical Center ("Geisinger"), a Pennsylvania healthcare system, settled a lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC) for $450,000 based on allegations of disability discrimination in violation of the Americans with Disabilities Act (ADA).
The EEOC's lawsuit contained allegations that Geisinger's policies and practices regarding leave and return-to-work limited leave to a specific durations, and returning employees were required to apply and compete for their own job positions upon return if the position was vacant. In the alternative, returning employees had to compete and be selected for another job position within two months of their return to work.
The EEOC alleged that job vacancies and postings were manipulated to make it difficult for employees with disabilities who were returning from leave to secure their previous job position.
In addition to the $450,000 payment, the settlement enjoins Geisinger from discriminating on the basis of disability. Geisinger must also consider modifications and/or exceptions to existing policies and reassignment without competition as forms of reasonable accommodations and submit periodic reports to the EEOC regarding employees terminated after taking leave, among other non-monetary remedies.
Commentary
In the above matter, the Geisinger's reliance on fixed leave limits and treating the end of leave as an automatic trigger to terminate a job held by an employee with a disability led to ADA allegations as a form of wrongful termination and/or retaliation.
While the policy draws attention, by application, the policy had the effect of circumventing or diminishing the ADA requirement that the parties engage in the "interactive process". Instead of interaction, Geisinger's process led to termination or required competition, which led to accusations of retaliation and bias.
All organizations, including healthcare organizations, must engage in the interactive process with individuals who have disabilities in order to identify reasonable accommodations.
Below is a list of tips organizations should consider to lower their ADA risks:
· Engage in a structured interactive process whenever a reasonable accommodation is requested;
· Document essential job functions and discuss the employee's ability to perform those functions with or without accommodation;
· Seek feedback from the employee's healthcare provider as to what accommodations would allow them to perform their job duties;
· Accommodations could include, if appropriate: modified shifts, temporary changes in duties, extended leave, or reassignment; and
· Train managers to refer any request for a reasonable accommodation to those authorized in the organization to engage in the interactive process.
The final takeaway is that healthcare organizations must engage in the interactive process no matter their policy or ignore the process and increase their liability risk.
