100% Healed Policies Likely Systemic Disability Discrimination According to the EEOC

According to the Equal Employment Opportunity Commission (EEOC) a policy that requires an employee be released to work by a physician without any restrictions before returning to work likely runs afoul of the Americans with Disabilities Act.

The Americans with Disabilities Act requires employers to provide a reasonable accommodation to workers’ with disabilities unless the employer can prove that the employee is not a “qualified individual” or that accommodating the employee would be an undue hardship.

The EEOC issued guidance on this issue back in 2016 and since that time they have been pursuing employers with 100% healed policies. EEOC has adopted the position that any medical certification from an employee with restrictions should be treated as a request for a reasonable accommodation that would trigger the interactive process.

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