EEOC Case

The case chosen involves the EEOC and ADA parties. The case is EEOC vs. American Woodmark Corporation.  EEOC charged the organization with a violation of the disability act. The corporation failed to offer unpaid leave to one Erica Grier, who had a request for a two days unpaid leave to visit the doctor for the treatment of her disabilities. EEOC took action against the organization that fired Grier for exceeding the permissible number of attendance. Grier was an employee in the organization for 16 years. Despite the evidence from the letters from the doctor and the updated Family Medical Leave Act (FMLA), the organization never considered her plight and fired her on being absent (Draper, Reid & McMahon, 2011). The act violated the Americans with Disabilities Act (ADA), which protects and thus prohibits employment decisions by the employers based on one’s disabilities. EEOC filed the suit after the attempting conciliation process in a pre-litigation settlement.

ADA compliance requires that when an employee requests for the time off for the treatment, it should be treated for a reasonable ADA accommodation as well as the FMLA leave for treatment based on the type of the illness is considered a disability.  The employee is guaranteed 12 weeks’ leave if the leave does not affect the operation of the organization’s businesses. The case with Erica Grier, the leave for the two unpaid leave days qualified for the ADA and the FMLA leave (Modesitt, 2010). The organization was, therefore, at the fault of deciding on behalf of the persons with disabilities violating the ADA act of no discrimination against the people with disabilities title VII of ADA.  Besides, the rigid attendance policy for the American Woodmark Corporation policy jeopardizes the chances given by the employers to the employees to attend to their medical needs.

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The American Disabilities Act also prohibits the discrimination of employees with disabilities. The act ensures protection for the disables in all areas of their public life. The law is aimed at ensuring that all people with disabilities have security and achieve equal rights and opportunities. The provision accepts the intermittent medical leave for the treatment of the cases that are considered disabilities within the act (Draper, Reid & McMahon, 2011). Title VII ensures no discrimination based on race, religion, sex, and national origin. Some cases of severe health issues may not be considered as disabilities in ADA. The disabilities involve situations that limit the person on having substantial major life activities. Some of the severe conditions in FMLA may be regarded as disabilities in ADA. Moreover, in some cases of a critical health condition does not mean that the employer may consider them as having a disability. The employer must, therefore, find the person as having a disability when they have the impairment that limits them in major life activities.

The case was concluded that the organization to pay $25000 for the settlement of the EEOC disability discrimination suit. EEOC confirmed of the compensation of the victim. Besides, the organization was to create and implement the ADA policy, provide employee training on the employment discrimination, and have posts for the anti-discrimination notices in its Jackson facility. Moreover, the decree subjected the organization to reporting and monitoring requirements. EEOC commits to ending the disabilities discrimination within Georgia and across the United States of America (Modesitt, 2010). It aims at giving relief to the employees not to have a forced risk in termination in the process of seeking medical leave as an explicitly reasonable accommodation in the ADA. 

Reference

Draper, W. R., Reid, C. A., & McMahon, B. T. (2011). Workplace discrimination and the perception of disability. Rehabilitation Counseling Bulletin, 55(1), 29-37.Modesitt, N. M. (2010). Reinventing the EEOC. SMUL Rev., 63, 1237.