Stop Using “100% Healed” and Maximum Leave Policies
By Lana L. Rupprecht, Esq., Director and Product Compliance Counsel, Reliance Matrix, and Marti Cardi, Esq., Senior Compliance Consultant and Legal Counsel, Reliance Matrix
No employer wants to be the subject of headlines that call them out for hefty fines from the Equal Employment Opportunity Commission (EEOC), such as:
- Retailer to Pay $8 Million to Resolve EEOC Disability, Pregnancy, and Retaliation Charges
- Senior Living Company to Pay $2 Million to Settle EEOC Disability Discrimination Suit
- Healthcare Company to Pay $950,000 to Settle Nationwide EEOC Disability Discrimination Lawsuit
What do these headlines have in common? They involve inflexible leave policies, such as a 100% healed policy and/or a maximum leave policy. The EEOC1 has discouraged these policies for years. Most courts agree that inflexible policies discriminate against people with disabilities,2 yet employers still have and enforce them. And some employers are not aware that these policies may violate the Americans with Disabilities Act (ADA).
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