In E.E.O.C. v. Dillard’s, Inc., a federal district court in California ruled that a retail chain’s attendance policy, which required employees to provide a doctor’s note identifying the nature of a health-related absence for such absences to be excused, violated the Americans with Disabilities Act.

Background

Corinna Scott, an employee at one of Dillard’s stores, was absent from work from May 29 to June 3, 2006 for health-related reasons. To excuse her absence, Scott gave the assistant store manager a note from her doctor stating “off work this week return 6/5/06.” The manager did not excuse Scott’s absences because the note failed to state the nature of the condition being treated, as required by Dillard’s attendance policy. Scott refused to provide any further information regarding the health reasons for her absence, and was terminated on June 6 for absenteeism.

Scott filed a charge of discrimination with the EEOC. After investigating the charge, the EEOC brought suit against Dillard’s on behalf of Scott and other similarly situated employees. Among other things, the EEOC claimed that Dillard’s attendance policy violated the ADA’s prohibition against disability-related inquiries. The ADA provision at issue prohibits covered employers from “mak[ing] inquires of an employee as to whether such employee is an individual with a disability or as to the nature or severity of the disability, unless such examination or inquiry is shown to be job-related and consistent with business necessity.” 42 U.S.C. § 12112(d)(4)(A). The EEOC, in its enforcement guidance, has interpreted “disability-related inquiries” within this provision to include questions that are likely to elicit information about a disability.

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