Why Can't You Just Let Her Use The Door …

If they would have only let her use the available non-revolving door – but, no, a Georgia managed health care provider (of all people) allegedly refused this accommodation to an employee with a disability which made it traumatic for her to enter revolving doors.  You would think that a health care provider would know better – and be more sensitive.

Why the recalcitrance when it would have been so simple and easy?

I don’t know.

I suppose that the EEOC will find out as it pursues the lawsuit that it just filed under the Americans With Disabilities Act (“ADA”) .

As with most such cases, it is usually cheaper to accommodate a disability or a religious request than it is to litigate. So why do some employers insist upon rigid policies and refuse to entertain reasonable accommodations – which is, after all, the law.

My guess is that the company will likely settle before we ever know, because (as in most of these types of cases) how does it look for a health care provider to discriminate against someone because of a disability?

An EEOC attorney correctly noted that the company “refused to allow [plaintiff] the simple accommodation of using a non-revolving door to access her workplace instead of a revolving door. The company could have saved everyone a great deal of distress, time and trouble had it made this minimal accommodation.”

Yep, the company had the key to this particular door – but for reasons unknown refused to use it.

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Richard Cohen

Richard Cohen

Richard B. Cohen is a partner in the New York City office of FisherBroyles, LLP, a national law firm. Richard Cohen has litigated and arbitrated complex corporate, commercial and employment disputes for more than 35 years, and is a trusted advisor to business owners and in-house counsel both in the United States and internationally. His clients have included Fortune 100 companies, domestic and foreign commercial and investment banks, Pacific-rim corporations and real estate development companies, as well as start-up businesses throughout the United States. Email Richard at [email protected]