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Despite all the work that has been done to combat the stigmatization of mental health disorders, it’s hard to believe that someone could be fired after spending two days in the hospital getting treatment for depression. According to the EEOC, a hotel in Omaha, Nebraska fired a general manager who had been discharged from the hospital because the company was afraid he might hurt someone. The company settled with the EEOC last week for $100,000, which will be paid to the employee, and other injunctive relief to prevent the issue from occurring again.
The lawsuit
The lawsuit, which involves the hotel where the manager worked, the Holiday Inn Express & Suites – Omaha Downtown, which is owned and operated by Anant Enterprises, L.L.C.; Anant Operations, Inc.; and Farnam Lodging, L.L.C. In 2019, the manager informed his supervisor that he would need time off because he was being hospitalized for treatment for depression. The supervisor discharged the manager when he came back to work two days later.
The EEOC contends that the conduct violates the Americans with Disabilities Act (ADA). The EEOC alleges that the firing was based on stereotypes or stigmas concerning mental health, instead of objective evidence that the manager might actually hurt someone.
Who is Anant Enterprises?
Anant is a hospitality business that owns and operates 10 hotel properties in Nebraska and 1 in Kansas. The EEOC contends that Anant never evaluated the manager’s ability to carry out the functions of his job before firing him and they never offered reasonable accommodations before discharging him. As part of the settlement with the EEOC, Anant will adopt new policies and procedures to be compliant with the ADA. All managers and employees will be given training on the ADA, with managers, owners, and HR personnel receiving extra training to ensure compliance. Anant will also be required to report to the EEOC about any employee who is terminated after requesting an accommodation or time off for a disability.
This should be a cautionary tale for all businesses to remember to follow the ADA when dealing with employees who have disabilities. Firing someone over perceived problems with disability is discrimination. Get more information about disability discrimination here.
