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ARTICLE · 09 NOVEMBER 2017

When Employers Shouldn't Require 100% From Employees

Duane Morris LLP
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A recent consent decree between the U.S. Equal Employment Opportunity Commission and American Airlines Inc. and Envoy Air Inc. takes direct aim at the legality of employers' "100% return-to-work" policies ...

United StatesEmployment and HR
Duane Morris
Duane Morris
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A recent consent decree between the U.S. Equal Employment Opportunity Commission ("EEOC") and American Airlines Inc. and Envoy Air Inc. takes direct aim at the legality of employers' "100% return-to-work" policies which require that an employee be restriction-free before returning to work from a medical leave of absence. Pursuant to the consent decree, entered into on November 3, 2017, the same day a complaint was filed in federal court in Arizona, American Airlines and Envoy Air (the "Airlines") will pay $9.8 million to settle the claims asserted in the lawsuit.

The complaint, which was filed by the EEOC on behalf of a putative class of disabled employees and former employees of the Airlines, claimed that the Airlines violated the Americans with Disabilities Act ("ADA") by refusing to accommodate employees with disabilities, terminating employees with disabilities, and failing to rehire employees. By way of background, the ADA requires employers to provide

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