BayMark Health Services, through its subsidiary MedMark Treatment Centers, agreed to pay $55,000 to settle a charge of disability discrimination following an investigation by the U.S. Equal Employment Opportunity Commission.

The case arose after a counselor at the Vallejo, California location requested disability accommodations to return to work after an extended medical leave. Instead of granting the request, the company denied the accommodation and subsequently terminated the employee.

The EEOC determined this action violated the Americans with Disabilities Act, which requires employers to provide reasonable accommodations for employees with disabilities who can perform essential job functions, unless doing so would cause significant difficulty or expense.

Through a pre-litigation settlement process, BayMark agreed to provide both back pay and compensatory damages to the former employee, update its nondiscrimination policies, train managers and HR staff at the affected site, and post information about equal employment opportunity rights.

EEOC representatives stated this outcome serves as a reminder to employers to avoid making assumptions about what employees with disabilities can do, and to engage fully in the process of finding reasonable accommodations.

Source: https://www.eeoc.gov/newsroom/baymark-health-services-pay-55000-eeoc-disability-discrimination-charge

Commentary

When healthcare organizations receive requests for accommodations, the core principle should be that every situation involves a unique person with particular health needs and job responsibilities. Treating accommodation requests as routine matters undermines the legal obligations under the ADA.

Each request merits its own assessment, ideally through a documented, collaborative, and interactive process that considers the employee's medical documentation, the nature of their job, and possible accommodation solutions. By engaging directly with the employee and discussing specific limitations or needs, organizations can reach practical solutions that support both employee wellbeing and continuity of care.

In contrast, the practice of issuing blanket denials without considering individual circumstances exposes healthcare organizations to significant legal risk and increases the likelihood of costly lawsuits and government investigations.

Besides violating the law, such denials can result in reputational harm and loss of valuable staff, undermining morale and trust within the workplace.

Additional Sources: https://www.eeoc.gov/laws/guidance/practical-advice-drafting-and-implementing-reasonable-accommodation-procedures-under; https://www.dol.gov/agencies/odep/program-areas/employers/accommodations