Not too long ago, a maxim in employment policies was to treat all employees equally, thus assuring no one would be discriminated against for their race, sex, age or national origin.
Unfortunately for many employers, this led to blanket policies that are now coming back to bite them. That’s because the one-size-fits-all approach, when implemented in leave of absence or attendance policies, runs smack into the Americans with Disabilities Act (ADA). The ADA specifically rejects the standardized policies and calls for individualized assessments for every employee qualifying as disabled under the law.
Two large settlements in 2011 illustrate the policies the EEOC is targeting.
In addition to jettisoning blanket leave and attendance policies, employment law experts advise employers to revise their written policies.