Lawyers from the Birmingham, Alabama regional office of the EEOC recently filed suit against a hospital based in Hattiesburg, Mississippi for disability discrimination. The EEOC determined that a registered nurse was denied a reasonable accommodation when she returned from work with a heavy lifting restriction and was terminated after Human Resources allegedly determined that she could not perform her essential job duties.
The EEOC claimed that the hospital failed to engage in the required interactive process to determine if she could perform her duties with a reasonable accommodation. The EEOC reasoned that the interactive process helps facilitate communication between the employer and employee about finding a reasonable accommodation that does not impose an undue hardship on either the employee or the company.
The EEOC appears to be very active in filing claims against companies that violate the Americans with Disabilities Act (ADA). If you believe your employer is treating you differently due to a disability, please contact me for a free consultation regarding your potential claims under the ADA.