The EEOC has wasted little time in taking advantage of the Americans

With Disabilities Act Amendment Act (“ADAAA”).  In the last days of

August the EEOC filed 15 discrimination suits against major companies,

three (3) of which allege allegations of violations of the ADAAA.  As

expected, these new cases do not focus on whether the employee was

disabled, but whether the employer made a reasonable accommodation.

In a case against Ford, an employee with irritable bowel syndrome

was refused permission to telecommute.  The company then began

criticizing the employee’s performance.  Eventually she was fired.

The second ADAA case was against Kohl’s, a chain of department

stores.  The allegation is that Kohl’s would not accommodate a request

from a diabetic employee for a regular work schedule. She was then

forced to quit her job.

The third case was against SITA, an air transport communications

company.  A job applicant received an offer of employment to serve as

the personal assistant to a company vice-president.  After receiving the

job offer, but before starting work, the applicant learned she would

need cancer surgery.  She asked that her start date be moved back, and

that she be allowed to work part-time for the first two (2) weeks.  The

company refused and rescinded the job offer.

An increase in the number of disability discrimination lawsuits has

been expected since the EEOC passed regulations in March interpreting

the ADAAA.  Let us know what your experience has been.