Fed Ex wants its employees with medical restrictions to stay out of work until they are “100% healed.” Until medical restrictions were completely lifted, employees were forced to take unpaid medical leave, and some eventually terminated. It is certainly a clear policy but is it a good one? Hard NO.
The Equal Employment Opportunity Commission (EEOC) filed suit against Fed Ex last week, claiming that the 100% healed policy tends to screen out people with disabilities and violates the Americans with Disabilities Act (ADA). In its guidance, the EEOC has warned in the past that 100% healed policies violate the ADA.
As our savvy clients know, the ADA requires an exploration of reasonable accommodations–the interactive process. Policies that require 100% healed or “fully fit for duty” violate this important step. If an employee can perform essential functions of their job, medical restrictions are not reason to terminate or place on unpaid leave.
Questions? The ADA is fact driven and depends on the circumstances. It can trip up even experienced HR professionals and managers. Our most commonly requested service is the fixed fee Reasonable Accommodation Compliance Toolkit, which provides a roadmap to navigate the ADA. Contact us and we can help.