Dive Brief:
- Cutting Edge Supply, a construction supply company, will pay $150,000 to settle a U.S. Equal Employment Opportunity Commission claim that it failed to provide a welder with a reasonable accommodation in violation of the Americans with Disabilities Act (EEOC v. Cutting Edge Supply), according to a Monday press release.
- According to the agency, the worker, who is diabetic, requested snack breaks throughout the day to regulate his blood sugar. Cutting Edge allegedly denied this accommodation and fired him when he complained.
- In addition to paying the worker $150,000, Cutting Edge Supply will review its existing ADA policies with an attorney, provide training in compliance with the ADA and Title VII of the Civil Rights Act of 1964 and maintain a set of strict record-keeping practices, according to the early February consent decree.
Dive Insight:
Under the ADA, employers with 15 or more employees are required to provide reasonable accommodations for workers who need them. A reasonable accommodation is “any change or adjustment to a job or work environment that permits a qualified applicant or employee with a disability to participate in the job application process, to perform the essential functions of a job, or to enjoy benefits and privileges of employment equal to those enjoyed by employees without disabilities,” according to an agency publication.
This case serves as a good reminder that types of reasonable accommodations can vary widely and can include things like snack breaks. In a guidance specifically related to diabetes, which EEOC noted is experienced by more than 18 million U.S. adults, the agency explained that employees also may need a private space to test their blood sugar levels, a place to rest until their blood sugar levels stabilize and modified work schedules.
While employers must do their due diligence to establish what qualifies as a reasonable accommodation, a Dykema attorney last fall outlined three things that likely are not: indefinite leave, a job with less stress and the creation of a role vacancy by moving another employee.
