The Equal Employment Opportunity Commission (EEOC) directed a heightened focus on disability discrimination in its recently concluded fiscal year, filing 48 of its 144 suits under this category. This marks a substantial increase, notably accounting for the largest category of cases. Overall, the EEOC witnessed a 55% surge in total cases compared to the previous year, indicating an intensified litigation landscape.
Disability-related suits, increasing by 77% from the previous fiscal year, stood out prominently among the EEOC’s enforcement activities. The Americans with Disabilities Act (ADA), complex in nature, poses a challenge for employers and has emerged as a crucial focal point for the EEOC. Hearing impairments notably surfaced as a common issue, as revealed by a Seyfarth Shaw study, prompting the EEOC to publish guidance on this matter before targeting enforcement actions. For instance, a lawsuit against Alliance Ground International alleged the company’s refusal to hire a qualified deaf applicant, reflected outdated assumptions about disabilities.
Similarly, the EEOC sued Union Pacific Railroad for terminating conductors and engineers deemed “colour vision deficient,” alleging unlawful qualification standards and unjust medical examinations. Union Pacific emphasized the necessity of colour vision for safety but faced allegations of discriminatory practices.
Mental impairments also became a notable area of concern, with suits related to various conditions such as autism spectrum disorder, depression, and anxiety. Seyfarth highlighted these developments, indicating an increasing focus on mental health accommodations.
Navigating ADA compliance poses challenges for employers. Determining disability status or accommodating requests can be intricate, leading to potential compliance pitfalls. Christopher DeGroff emphasized the complexity of ADA regulations and the challenges employers face in meeting these requirements.
DeGroff emphasized the need for employers to stay updated on ADA matters and prioritize continuous staff training, given the evolving landscape of related regulations. With the EEOC’s enlarged budget for the upcoming fiscal year and its strategic priorities focused on racial justice, diversity, equity, and inclusion, regulatory enforcement is anticipated to intensify further. Employers are urged to pay close attention to the EEOC’s strategic agendas and enforcement priorities, as compliance with ADA and related regulations remains complex and crucial in today’s regulatory environment
