In 2019, the EEOC sued Citizens Bank for violating the Americans With Disabilities Act (ADA), by not “engaging in the interactive process” with an employee who asked for reasonable accommodations. It took over three years for the case to find resolution. In the end Citizens Bank will pay $100,000 to the former employee and the company will implement policy changes so that it doesn’t happen again.
EEOC v. Citizens Bank
The case begins in Rhode Island, at one of Citizens Banks’ call centers. The employee in question, a supervisor, developed an anxiety and took medical leave. When the employee wanted to return, he asked for a reassignment to a vacant position for which he was qualified. Citizens denied reassignment and would not discuss alternatives accommodations with the employee, unless he returned to his former position in the call center, which caused his disability. The employee felt like he had to resign. The EEOC attempted to reach a pre-litigation settlement before filing a lawsuit.
Reasonable accommodations
The EEOC’s New York district director, Kevin Berry, said:
“Employers are required to engage in an interactive process with a disabled employee seeking a reasonable accommodation. Refusing to consider possible accommodations, or to propose alternatives, violates the employer’s obligation under the ADA.”
While this case is about an ADA accommodation, the real problem was that the employer didn’t engage in the process. Transferring an employee to a vacant job is reasonable, at least under the ADA. Under the settlement agreement, Citizens will be required to train employees and provide specialized training to human resources employees about noncompetitive reassignment.
Lesson learned
Citizens’ lesson cost more than the six figures that is being paid to the employees. Between the monetary relief, lawyer’s fees, increased training, appointment of an internal monitor and loss of reputation, this lawsuit cost them much more than it would have to simply engage in the accommodation-request.
If your employees make a request for accommodation under the ADA, it’s important to find something that works for both the employer and employee, if possible.
Dawn Brotherton is a Sr. Staff Writer at The American Genius with an MFA in Creative Writing from the University of Central Oklahoma. She is an experienced business writer with over 10 years of experience in SEO and content creation. Since 2017, she has earned $60K+ in grant writing for a local community center, which assists disadvantaged adults in the area.
