Employees who become injured, disabled, or ill may be entitled
to leave under several federal laws including the Americans with
Disabilities Act (ADA) and the Family and Medical Leave Act
(FMLA). Complying with the responsibilities that arise under
these complex and often misunderstood laws can present a great
challenge to dealerships. Complicating matters further is
that the laws have evolved in ways favorable to employees, and the
Equal Employment Opportunity Commission (EEOC) has made fighting
disability discrimination a top priority.
As a result, lawsuits under the ADA and FMLA are on the rise,
and a number of dealerships have been blindsided by the EEOC's
aggressive litigation. For example, the EEOC recently filed
suit against one dealership for allegedly refusing to accommodate a
manager when, following his spinal surgery, the manager requested
the use of a company golf cart and assistance with test-driving
vehicles. Several weeks later, the EEOC filed suit
