Employers must be aware that 41 percent of all lawsuits filed by the Equal Employment Opportunity Commission (EEOC) in FY 2018 were Americans with Disabilities Act (ADA) suits. Failure to hire, failure to accommodate and attendance and leave policies resulted in settlements in the millions of dollars. The EEOC’s strategic enforcement plan is focused on eliminating barriers in recruitment and hiring that discriminate against protected classes as well as “inflexible” leave policies and systemic harassment.
The EEOC is focusing on policies that exclude and screening tools that result in disparate impact on individuals of a protective class. These practices include online systems that are inaccessible and medical questionnaires that impact individuals with disabilities.