Bradley attorney Virginia Reeves was quoted in Legal News Line on a lawsuit filed by the Equal Employment Opportunity Commission (EEOC) against a poultry farm for allegedly violating the Americans with Disabilities Act (ADA). The EEOC alleges the company’s attendance policy is a violation of the ADA as it allegedly requires the termination of any employee who accumulates more than nine absences in a 12-month period and does not account for absences for a disability.
“Wayne Farms could have done nothing wrong, but the EEOC claims that its attendance policy mandating the automatic termination of employees who accrued 10 absences within a year, even those with excused disability-related absences, was, in effect, a qualification standard that screened out or tends to screen out individuals with disabilities,” Reeves said. “Under the ADA, if the employees filed their EEOC charges within 180 days and the lawsuit is filed within 90 days of the issuance of the dismissal and notice of rights, even five years is timely. It is unusual but not untimely.”
The complete article, “EEOC says poultry farm’s attendance policy prevents hiring of disabled individuals,” appeared in Legal News Line on September 8, 2016.