Company Unlawfully Denied an Employee Reasonable Accommodation and Fired Her Based on the Company’s ‘No-Fault’ Attendance Policy
NORTH SALT LAKE, Utah — A North Salt Lake-based manufacturing company will pay $27,500 to resolve a disability discrimination charge filed with the U.S. Equal Employment Opportunity Commission (EEOC), the federal agency announced today.
The EEOC’s investigation revealed that a qualified individual with a disability was denied reasonable accommodations to perform her job. The reasonable accommodation was in the form of leave. Although the company was aware of the employee’s need for leave as an accommodation, the company issued attendance points to the employee for time away from work due to her disability, and subsequently fired her based on the company’s attendance policy.
Growing out of the investigation, the EEOC also discovered that the company had implemented a no-fault attendance and leave policy and/or practice that subjected qualified individuals with disabilities to attendance points for missing time from work for disability-related reasons, since at least Nov. 28, 2016. The evidence showed that the company failed to engage in the required interactive process in this case to determine whether reasonable accommodations could be provided, resulting in the accumulation of attendance points by qualified individuals with disabilities who required time away from work for disability-related reasons.
On July 29, 2021, Star Cases agreed to pay a total of $27,500 to an employee to resolve her disability discrimination charge. While denying it violated the Americans with Disabilities Act (ADA), Star Cases has agreed to make changes its attendance and leave policy to fully comply with the ADA and to conduct training for its supervisors, managers and executive employees on the ADA.
The EEOC’s Phoenix District Office has jurisdiction for Arizona, Colorado, Utah, Wyoming and part of New Mexico (including Albuquerque). The EEOC advances opportunity in the workplace by enforcing federal laws prohibiting employment discrimination. More information is available at www.eeoc.gov.