EEOC Sues Elon Property Management For Disability Discrimination

The U.S. Equal Employment Opportunity Commission (EEOC) has filed a lawsuit against Elon Property Management LLC (Elon), a property management company based in Lakewood, New Jersey. According to the EEOC’s lawsuit, they claim that the company violated federal law by retaliating against an employee who used disability leave and maintaining a policy that screened out and discriminated against a class of employees with disabilities.

The EEOC alleged that Elon retaliated against a district manager for taking a medical leave of absence by placing her on a performance improvement plan the day she returned from leave and punishing her for the decline in occupancy rates of her properties that occurred while she was on leave. In addition, the EEOC charges that Elon screens out and discriminates against workers with disabilities by prohibiting employees from returning from medical leave of absence without a full-duty release note from their physician and a physician-signed copy of their job description. In tandem, these practices prohibit employees from returning to work if they need an accommodation, the EEOC charged.

This alleged conduct violates the Americans with Disabilities Act (ADA) which prohibits discrimination based on a disability. The EEOC filed suit in the U.S. District Court for the Middle District of Florida after first attempting to reach a pre-litigation settlement through its administrative conciliation process.

Analyzing the allegations 

The EEOC made two allegations against Elon. According to the EEOC, Elon punished the district manager for taking medical leave which is against the law. The employee was entitled to a reasonable accommodation based on her disability. Employers are required by law to afford employees a reasonable accommodation in the event that they have a disability. In this case, the company decided to punish the employee for taking medical leave.

The second allegation involves systemic discrimination against disabled people who need to take medical leave. The EEOC alleged that the company screens out and discriminates against workers with disabilities by prohibiting employees from returning from a medical leave of absence without a full-duty release note from their physician and a physician-signed copy of their job description. Such a policy would prevent the employee from returning to work if they need an accommodation. The EEOC will force the company to rescind this policy and likely pay the employee for back wages and compensatory damages related to the unlawful discharge and retaliation.

The EEOC is responsible for enforcing Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act. They file suits against employers who have wrongfully terminated or retaliated against their employees due to a protected characteristic. They also file suits alleging harassment in the workplace. If you run a company, you want to ensure that you are complying with regulations that prevent discrimination. Otherwise, you can be sued by the EEOC.

Talk to a Columbus, OH Employment Discrimination Lawyer Today 

Kohl & Cook Law Firm, LLC represents the interests of employers and employees in employment discrimination lawsuits. Call our Columbus employment lawyers today to schedule an appointment, and we can begin investigating your case right away.

Source:

eeoc.gov/newsroom/eeoc-sues-elon-property-management-disability-discrimination-florida