The U.S. Equal Opportunity Employment Commission announced on Dec. 18 a $2 million settlement with the retailer Dillard’s over a four-year-old ADA lawsuit that claimed Dillard’s required employees to disclose their disability and/or medical conditions before receiving sick leave and fired those who they say took too much leave.
The suit was brought on behalf of Corina Scott, a Dillard’s employee, who along with several employees were fired for refusing to disclose their medical conditions. The EEOC argued the policy violated the ADA, which prohibits employers from making disability inquiries unless they are specifically job-related.
Under the settlement, Dillard’s must pay damages to those who were discriminated against and establish a fund for yet-to-be-identified employees. The retailer must also hire an ADA consultant to review company policies and conduct employee training.
In response to the settlement, Scott said, “It was humiliating to be fired after expressing my right to keep my medical information private. I am grateful to the EEOC for assisting me and many other workers.”