August 15th, 2018
August Employment Law Bulletin
No Fault Attendance Policy Violates ADA, Claims EEOC
The Equal Employment Opportunity Commission continues to focus on the implications of the Americans with Disabilities Act on employer “no fault” attendance policies. The EEOC filed a lawsuit against Mueller Industries, Inc. (no relationship to Special Counsel Robert Mueller) claiming that Mueller violated the ADA in two respects. First, there was automatic termination of an employee who was unable to return to work after 180 days on leave. Second, the employer’s no fault attendance policy did not provide for an individualized assessment of the reasons for the absences, some of which may be covered under the ADA.
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