Tuesday, September 12, 2017

EEOC Sues Blood Bank of Hawaii For Disability Discrimination - JD SUPRA

Originally published: September 8, 2017
Publisher: JDsupra.com 

Blood Bank of Hawaii violated federal law when it refused to provide reasonable accommodations for and then fired employees who required additional leave time for their disabilities, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit filed yesterday.

The EEOC contends that Blood Bank of Hawaii maintained a rigid maximum leave policy whereby employees with disabilities were not granted a leave of absence as a reasonable accommodation beyond the required 12 weeks under the Family and Medical Leave Act, and were required to return to work without limitations at the end of that leave. The EEOC further contends that as a result of its leave policy and requirement to return to work without limitations, Blood Bank of Hawaii terminated employees who exhausted leave or failed to return to work without restrictions.

Such alleged conduct violates the Americans with Disabilities Act (ADA). The EEOC filed its suit in U.S. District Court for the District of Hawaii (EEOC v. Blood Bank of Hawaii, Case No. 1:17-cv-00444) after first attempting to reach a pre-litigation settlement through its conciliation process. The EEOC's suit seeks back pay and benefits, along with compensatory and punitive damages for the employee and a class of aggrieved individuals, as well as injunctive relief intended to prevent any future discrimination in the workplace.