Benedictine Health Center Settles EEOC 'No Restrictions' Disability Bias Suit

This came out last week:

Benedictine Health Center Settles EEOC 'No Restrictions' Disability Bias Suit

MINNEAPOLIS – The U.S. Equal Employment Opportunity Commission (EEOC) announced today that a federal judge has approved a consent decree settling its disability discrimination lawsuit against New Brighton, Minn.-based Benedictine Health Center at Innsbruck. (EEOC v. Benedictine Health Center at Innsbruck, Case No. 12-cv-01204 (D. Minn.) (MJD/JJK).)

Benedictine Health Center at Innsbruck formerly maintained a policy requiring employees who took medical leaves of absence to return to work with no restrictions unless the injury or condition were related to an on-the-job injury.

According to John Hendrickson, regional attorney for EEOC’s Chicago District, such “no restrictions” policies violate the Americans with Disabilities Act (ADA) because employers must explore whether a disabled employee with restrictions could return to work with or without a reasonable accommodation.

Therefore, the EEOC contended in its complaint that Benedictine’s “no restrictions” policy was unlawful discrimination on the basis of disability. The EEOC filed suit in U.S. District Court for the District of Minnesota after first attempting to reach a pre-litigation settlement through its conciliation process.

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