Employer use of third-party directors to deal with affordable lodging might be “inherently problematic,” a U.S. Equal Employment Alternative Fee legal professional cautioned Monday.
The warning got here because the company introduced a settlement settlement with retailer JCPenney. EEOC had alleged in a lawsuit, EEOC v. Penney OpCo, LLC, that the employer didn’t accommodate a warehouse employee with breast most cancers.
The worker had submitted the required written lodging request and medical documentation to the corporate’s third-party advantages administrator, in keeping with the fee. The TPA “inexplicably” closed her request, EEOC alleged, and when she took break day for therapy and restoration, she exceeded the variety of attendance factors allowed and was fired. EEOC then sued on the worker’s behalf.
“Employers’ use of third-party directors to deal with affordable lodging might be inherently problematic, particularly when not successfully monitored,” stated Marcus Keegan, regional legal professional for EEOC’s Atlanta district, in a press release.
JCPenney and EEOC agreed to settle the lawsuit for $99,000. The employer additionally should publish a discover at logistics facilities informing staff of the settlement and their rights; present updates to EEOC on its dealing with of future requests; and prepare managers on their ADA duties.
The corporate additionally agreed to institute and prepare its managers on a brand new course of for monitoring how its TPA handles ADA lodging requests and a assessment process earlier than discharging workers who’ve pending requests.
JCPenney didn’t reply to a request for remark by press time.
