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Labor: Lessons from the EEOC’s aggressive pursuit of ADA cases

Employers should review policies, handbooks and training procedures to ensure compliance

If recent litigation pursued by the Equal Employment Opportunity Commission (EEOC) is any indication, any employer that still might think that the Americans with Disabilities Act (ADA) is easy to comply with and poses no significant legal exposure better think again. Recent high-profile EEOC victories and settlements show that the ADA is at the top of the EEOC’s agenda, and questionable policies and practices by employers could translate into extraordinarily expensive litigation.

The EEOC’s shift in focus to the ADA manifested itself shortly after the passage of the Americans with Disabilities Act Amendments Act of 2008, which expanded the protections of the ADA, with several major cases targeting employers’ leave policies that provided for automatic termination of any employees who exhausted their maximum leave allotments. Most recently in November 2012, the EEOC announced its latest $4.85 million settlement with a nationwide trucking firm, Interstate Distributor Co, in this kind of a claim (EEOC v. Interstate Distributor Co.)

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Sonya Rosenberg

Sonya Rosenberg is an attorney in Neal, Gerber & Eisenberg’s Labor & Employment Practice Group. Her experience includes counseling employers through the many...

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Contributing Author

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Chad W. Moeller

Chad W. Moeller is a partner at Neal, Gerber & Eisenberg. He represents corporations and not-for-profit organizations of all sizes in employment matters in federal...

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