A federal jury has awarded $405,083 to a veteran in a disability discrimination case against a senior living facility in St. Petersburg, Florida, and its operating companies, the US Equal Employment Opportunity Commission (EEOC) announced on May 12.
According to the EEOC’s lawsuit, the facility violated federal law by denying a reasonable accommodation and refusing to hire a veteran who had applied for a position.
At trial, the EEOC presented evidence that the applicant informed the facility’s hiring manager that she is a veteran with post-traumatic stress disorder (PTSD) and takes medication that could cause a failed drug test. She later took the required drug test and made repeated efforts to provide documentation of her legally prescribed medication. However, the facility did not attempt to accommodate her and rescinded the job offer. A senior management official admitted at trial that the facility had submitted false information to the EEOC.
Such alleged conduct violated the Americans with Disabilities Act (ADA). The EEOC filed suit in the US District Court for the Middle District of Florida after first attempting to reach a pre-litigation settlement through its conciliation process.
An eight-member jury in Tampa returned a unanimous verdict, finding that the applicant had a disability, disclosed it to the facility, and was denied accommodation during the application process. The jury awarded $5,083 in back pay, $50,000 in compensatory damages, and $350,000 in punitive damages.
EEOC Acting Chair Andrea Lucas said, “The EEOC is committed to protecting the workplace accommodation rights of disabled veterans, including those who may be suffering from PTSD.”
Compliance Perspective
Issue
Disability discrimination is prohibited in the workplace under the ADA. This includes discrimination based on mental health conditions such as PTSD, major depressive disorder, and other psychiatric disabilities. These conditions may qualify as disabilities under the ADA if they substantially limit one or more major life activities. An individual does not need to be off treatment to be protected; the determination is based on how the condition would affect the person without treatment. The ADA applies to all aspects of employment—including hiring, firing, compensation, job duties, promotions, training, and benefits—and protects both applicants and employees. It is important that human resources and facility leadership understand their responsibilities under the law, including how to evaluate and respond to requests for reasonable accommodation.
Discussion Points
- Review the facility’s policies and procedures related to the prevention of discrimination for both current employees and job applicants. Ensure that these policies are compliant with both federal laws (such as the ADA) and any relevant state-specific laws. Also, review policies and procedures related to nonretaliation. If necessary, update or revise the policies to reflect current legal requirements and best practices.
- Train human resources staff and facility leadership on ADA requirements, including reasonable accommodations for mental health conditions, and nonretaliation protections.
- Periodically audit by anonymously polling staff to determine if they are being harassed or experiencing discrimination, and ask if they feel free to report such incidents without fear of retaliation. Ensure that staff are aware of how to report any concerns of discrimination they may observe or experience to their immediate supervisor or through the facility’s hotline.
*This news alert has been prepared by Med-Net Concepts, Inc. for informational purposes only and is not intended to provide legal advice.*