Hard Cap Attendence Policy Prohibited

     The U.S. Equal Employment Opportunity Commission recently settled a class action lawsuit after alleging that the employer implemented an attendance policy that violated the Americans with Disabilities Act.  The EEOC’s lawsuit claimed that the company had an attendance policy with a hard cap on the number of absences employees could have, regardless of whether the absences were due to a disability from which an employee suffered.  If an employee reached the maximum number of absences allowed, then the company would fire the employee even if there was a doctor’s excuse or medical documents to explain the absence.  This alleged conduct violates the Americans with Disabilities Act, which prohibits employers from discriminating against employees because of their disabilities and requires employers to grant reasonable accommodations for disabled employees.  See EEOC v. Wayne Farms, LLC, No. 5:16-cv-01347-MHH (N.D. Ala.).

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