FIRED EMPLOYEES BASED ON TEST PERFORMANCE
Hospital Housekeeping Systems, LLC, a provider of housekeeping, food and facilities support out in Dripping Springs, Texas, got into a bit of a mess when it was charged with disability discrimination by the U.S. Equal Employment Opportunity Commission (EEOC).
Apparently, the company required applicants and employees to undergo annual testing – an “Essential Functions Test” – even though portions of the test weren’t job-related. And if they failed the examination, they were fired, despite fully performing their job functions.
Believing that such conduct violated the Americans with Disability Act, the EEOC filed suit (EEOC v. Hospital Housekeeping Systems, LLC, Civil Action No. 2:21-cv-02134 PKH) in U.S. District Court for the Western District of Arkansas, Fort Smith Division, seeking monetary damages and injunctive relief.
In mid-February, the agency announced a settlement where in addition to a cash payment of $520,000, the company agreed to modify its employment related policies and practices, and will no longer terminate an individual based solely on their test-related performance.
In a written statement, Faye Williams, regional attorney for the EEOC’s Memphis District Office, noted that “Terminating employees with disabilities despite their ability to perform their jobs violates the ADA, which requires employers to provide accommodations for their qualified employees with disabilities …. The EEOC remains committed to ensuring that employers understand their obligations under federal employment anti-discrimination laws.”
Think they’ll finally get their house in order?
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