[Webinar] Spanish for HR Professionals – Basic
1-Hour This session introduces HR professionals to the fundamental elements
A common and costly mistake continues to appear in disability discrimination cases across industries. Employers tell employees with medical restrictions that they cannot return to work until they are completely healed and released without any limitations. While this may feel like a cautious or practical approach, it directly violates the Americans with Disabilities Act. A recent EEOC lawsuit against Horseshoe Casino and Caesars Entertainment highlights exactly why this practice exposes employers to significant legal risk.
In this case, an employee became ill at work, underwent disability related surgery, and later asked about returning to work with accommodations. Instead of engaging in the required interactive process, the employer concluded that the employee could only return if he had no restrictions at all. The employer failed to explore accommodations, terminated the employee, and refused to reinstate or rehire him. The EEOC alleges disability discrimination, retaliation, and interference with ADA protected rights.
This scenario is not unique. Many employers continue to believe that keeping an employee out until fully healed is safer than allowing a restricted return. In reality, the opposite is true.
The ADA does not require employees to be fully healed to return to work. It requires employers to engage in an interactive process to determine whether the employee can perform the essential functions of the job with or without reasonable accommodation. Automatically excluding employees because they have restrictions bypasses this obligation entirely.
When an employer refuses to consider light duty, modified schedules, temporary task adjustments, or other reasonable accommodations, the employer is not making an individualized assessment. Instead, the employer is imposing a blanket rule that treats disability related restrictions as disqualifying. Courts and the EEOC consistently view this as unlawful.
Employers do not have to create new jobs or eliminate essential functions. However, they must engage in a good faith dialogue, evaluate accommodation options, and document their analysis before making any employment decision.
The interactive process is a legal requirement, not a courtesy. Once an employee raises a need for accommodation or expresses a desire to return to work with restrictions, the employer must engage. Ignoring the request, delaying conversations, or insisting on a full release without discussion exposes the organization to liability.
In the Horseshoe Casino case, the EEOC specifically alleges that the employer failed to engage in this process. That failure alone is enough to support an ADA claim, even before considering termination, retaliation, or refusal to rehire.
HR professionals are often the last line of defense against this mistake. Supervisors may believe they are protecting the organization by keeping employees out until fully healed. HR must step in to correct this misconception.
The correct approach is not asking when the employee will be one hundred percent. The correct approach is asking what restrictions exist, whether the employee can perform essential job functions with accommodation, and what options are reasonable without causing undue hardship.
This shift in thinking prevents claims, protects employees, and demonstrates compliance.
For HR professionals who want deeper, practical guidance on navigating ADA and FMLA compliance, engaging in the interactive process correctly, and avoiding costly mistakes like this one, I invite you to join my 2 Day ADA and FMLA Certificate Program designed specifically for real world HR challenges.
You can learn more about the program here: https://hrtrainingclasses.com/product/2-day-fmla-ada-pda-and-pwfa-certificate-program/
Elga Lejarza
Founder & CEO
HRTrainingClasses.com
HR.Community
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