9.26.24
By Jennifer Jacobus, PHRca, SDEA CEO 
Proving again how critical it is for employers to consider reasonable accommodations and go through the interactive process with their employees, the EEOC has filed a claim against Osmose Utilities Services, who allegedly did not provide, or even consider, remote work as an accommodation for an employee’s medical condition.
The employee at Osmose Utilities had a stroke and was then unable to drive. She has also claimed that the office lights exacerbate her stroke-related headaches. Her job includes responding to customer inquiries by entering tickets for services, either by calling it in or electronically entering the tickets in the company database.
The company allegedly denied her request to work from home on a regular basis nor did they consider a compromise of working from home on the two to three days a week she had medical appointments.
The employee was later fired after Osmose provided her leave to attend her doctor’s appointments but then her attendance was questioned by her supervisor, and she was pressured to end her medical appointments.
The Americans with Disabilities Act (ADA) requires employers to provide reasonable accommodations to qualified individuals with disabilities unless doing so would cause undue hardship to the business. The failure to engage in the interactive process or offer accommodations can lead to legal consequences, including lawsuits, fines, and penalties.
In California the Fair Employment and Housing Act (FEHA) may require the same or even more stringent accommodation practices.
Employers cannot disregard a request for a reasonable accommodation simply because “the company does not do that”, “if I do it for this employee, every employee will want it”, or “it won’t be fair to other workers”.
Ignoring accommodation requests or skipping the process can be seen as discriminatory behavior, opening the company to claims of disability discrimination.
Remember that accommodations are not limited to medical; employers need to consider accommodations for religion and mental disabilities as well.
By offering reasonable accommodations and going through the interactive process, employers not only comply with legal requirements but also create a positive, supportive environment that can lead to better business outcomes.
Helping our members work through the accommodation process is a very common request from our members. To help further, please join us for a Roundtable on November 19, and remember, you can always call us if you need help working through an accommodation; 858-505-0024.