New England Biz Law Update
An employer has agreed to pay $75,000 and make changes to its accommodation procedures to resolve a federal lawsuit alleging that it stopped scheduling a cashier after she requested a chair or stool because of a disability.
The settlement resolves claims brought by the U.S. Equal Employment Opportunity Commission under the Americans with Disabilities Act.
Cashier requested accommodation after cancer treatment
According to the EEOC, the employee was a breast cancer survivor whose treatment caused permanent nerve damage to her lower extremities. Shortly after she was hired as a cashier at an Atlanta Kroger store, she requested permission to sit on a stool or chair while working and provided medical documentation supporting the request.
The EEOC alleged that the store stopped scheduling the employee for shifts rather than providing the requested accommodation. She repeatedly attempted to contact the company and eventually filed an internal complaint.
After several more months without being scheduled, the employee informed Kroger that she had filed a discrimination charge with the EEOC. According to the agency, Kroger subsequently directed her to communicate through legal counsel and did not schedule her for additional work.
Settlement includes changes to accommodation procedures
In addition to paying $75,000 to the former employee, Kroger agreed to a two-year consent decree requiring changes to its complaint procedures and specialized training for store leaders and HR personnel who handle disability accommodation requests.
The company must also report information to the EEOC about accommodation requests and how they are handled.
The case illustrates how an accommodation request can create broader legal exposure when communication between an employee, management and HR breaks down.
Employers are advised to have a clear process for receiving, evaluating and following up on accommodation requests, including a way to ensure requests do not stall after they are initially raised.
