Dive Brief:
- Air transportation giant United Airlines Inc. has agreed to pay more than $1 million in damages and implement changes to settle a federal disability lawsuit filed by the EEOC, the agency just announced.
- The EEOC's lawsuit charged that United's competitive transfer policy violated the Americans with Disabilities Act (ADA). In short, the suit claimed that a specific company practice frequently prevented employees with disabilities from continuing employment with United.
- The ADA requires an employer to provide reasonable accommodation to an employee or job applicant with a disability, unless doing so would impose an undue hardship for the employer.
Dive Insight:
The consent decree settling the suit, originally filed in 2009, requires United to pay $1,000,040 to a small class of former United employees with disabilities and to make changes nationally. United will revise its ADA reassignment policy, train employees with supervisory or HR responsibilities regarding the policy changes, and provide reports to the EEOC regarding disabled employees who were denied a position as part of the ADA reassignment process.
Earlier, the Seventh Circuit reversed a lower court's dismissal of the EEOC claim, and the U.S. Supreme Court refused United's subsequent request for review in May 2013.
"The appellate court's decision provided an important clarification regarding an employer's responsibility under the ADA to provide a reasonable accommodation so qualified employees may lead economically independent lives," said EEOC General Counsel David Lopez. "I am pleased this major decision also served as a springboard for the strong monetary and non-monetary remedies in today's resolution."
