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ADA Blog

 

ADA Blog #133 (Part 2 of 2)

PART 2

In addition to the monetary relief to the cashier, the consent decree settling the suit between the EEOC, Home Depot must:

  1. Stop denying reasonable accommodations or otherwise discriminating against individuals with disabilities in the future.
  2. Provide anti-discrimination training, with an emphasis on unpaid leave as a medical accommodation, to all store managers, assistant store managers and human resources staff in the district covering the Towson store and Post a notice regarding the resolution of the lawsuit.

According to the ADA, employers must give unpaid leave as a reasonable accommodation unless they can prove it would be a significant cost or disruption to its business (undue hardship). EEOC said, "It can be difficult for a major nationwide retailer the size of Home Depot to show how a few extra weeks of unpaid leave would be an undue hardship." According to its website, https://corporate.homedepot.com, The Home Depot, Inc. is the world's largest home improvement specialty retailer with fiscal 2011 retail sales of $70.4 billion and earnings of $3.9 billion. The Home Depot has more than 2,200 retail stores in the United States (including Puerto Rico and the U.S. Virgin Islands and the territory of Guam), Canada, Mexico and China.

Don’t wait for EEOC to dictate the type of training program your company should provide to which employees. Springboard can design and provide a training program tailored to your company’s needs, as well as address issues about how, when and what types of accommodations might be considered reasonable in situations relevant to your employees with disabilities.

Shelley

This information should not be construed as “legal advice” for a particular set of facts or circumstances. It is intended only to be a practical guide for participants familiar with this subject. Users should seek appropriate legal advice tailored to address their specific situation.