Sanmina Corporation, a global electronics contract manufacturer, agreed to pay $77,500 and provide other relief to settle a disability discrimination lawsuit filed by the Equal Employment Opportunity Commission.

The EEOC alleged that an employee with arthritis and related conditions, who had successfully worked remotely during the COVID-19 pandemic, was later required to return to the worksite despite her limitations. When she requested continued remote work as a reasonable accommodation, the company allegedly denied the request and terminated her employment instead of engaging in an interactive process to explore reasonable accommodations.

The EEOC alleges this conduct violated the Americans with Disabilities Act, which prohibits discrimination based on disability and requires reasonable accommodation absent undue hardship.

Under the consent decree, Sanmina will pay monetary relief to the former employee, review and revise ADA policies, provide ADA training, report on compliance to the EEOC, and post workplace notices informing employees of their rights and the settlement.

Source: https://www.eeoc.gov/newsroom/sanmina-corporation-pay-77500-eeoc-disability-discrimination-lawsuit

Commentary

When an employee with arthritis and related conditions has successfully worked remotely during the pandemic, it is common to request continued remote work as a reasonable accommodation. If an employer fails to make an exception to an on-site work requirement for continued remote work as a reasonable accommodation, it may run afoul of the Americans with Disabilities Act.

It is important to engage in an interactive process with the employee and their healthcare provider. Let the healthcare provider know that the employee successfully performed their job remotely during the pandemic, but that the workforce has returned on site. Ask if there is any reasonable accommodation, other than continued remote work, that, given the

employee's particular disability, would allow the employee to perform the job functions on-site. Include a job description for the healthcare provider's review. If the physician identifies reasonable accommodations other than remote work that would allow the employee to perform the job functions, the employer can implement them. An employee does not get to choose their preferred accommodation when there are others that would work.