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ARTICLE · 18 AUGUST 2011

EEOC Attacks Attendance Control Policies

Duane Morris LLP
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As you know, the EEOC has been attacking maximum leave provisions in leave of absence policies for quite some time.

United StatesEmployment and HR
Jonathan Segal
Jonathan Segal
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As you know, the EEOC has been attacking maximum leave provisions in leave of absence policies for quite some time.  According to the EEOC, maximum leave provisions violate the ADA. See http://blogs.duanemorrisinstitute.com/jsegal/date/201101.

Now, the EEOC is going after attendance control policies. Please see summary of recent $20 million EEOC settlement with Verizon for allegedly not excluding absences covered by the ADA from its no fault attendance control policy. See http://www.eeoc.gov/eeoc/newsroom/release/7-6-11a.cfm

Employers need to take a look at their attendance control policies and consider adding a specific exclusion for absences covered by the ADA and then reviewing each absence to make sure none for which points are awarded is covered by ADA.

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