Amazon's Exposure to Failure-to-Accommodate Claims Based on New Reasonable Accommodation Policy

Amazon recently updated its Reasonable Accommodation Policy as to employees seeking disability accommodations to work from home.  

Here is an explanation of their updated policy based on Bloomberg Reports. 

In a nutshell, the policy includes a more rigorous vetting process, multilevel leader review, and month-long return to the office trials. 

As a result, Amazon may wind-up defending more failure-to-accommodate claims while enacting this policy update. Specifically, the Americans with Disabilities Act (ADA) requires employers to provide reasonable accommodations unless doing so would cause an undue hardship. The ADA mandates that employers engage in an interactive process, assessing requests individually in a timely manner. By implementing a more complex approval system, Amazon may be making it harder for employees with disabilities to receive the accommodations that they need, potentially violating the ADA. 

First, the new process requires a complex "multilevel leader review," which could lead to significant delays before employees' requests are approved. This extended waiting period could violate the ADA's requirement to address requests for accommodations in a timely manner, which is seen as a constructive denial of the requested accommodation that makes a failure-to-accommodate lawsuit ripe for adjudication. 

Additionally, the policy is problematic because it applies to both new requests and extensions of existing accommodations. Employees who have already been granted accommodations may now be required to return to the office for month-long trials to assess whether their needs are being met. This one-size-fits-all approach may not be suitable for all disabilities, and pushing employees back to the office without considering their specific needs could be seen as a failure to provide reasonable accommodation in violation of the ADA.

If employees are unable to obtain the accommodations they require and are forced to work in ways that don’t suit their disabilities, they may feel forced to leave the company. In such cases, this could be considered constructive discharge, where the work environment becomes so intolerable that employees feel they have no choice but to quit.

If Amazon's new policy fails to comply with the ADA or similar state and local laws, it could face serious legal consequences. Affected employees should file complaints with the Equal Employment Opportunity Commission (EEOC), which is a condition precedent to bringing an ADA claim. Remember, dependent on location, such a charge must be filed with EEOC in as early as 180 days (some states extend this to 300 days, but federal sector employees only have 45 days to contact an EEO Counselor to get the ball rolling). 

Amazon's actions highlight the need for employers to carefully balance workplace goals with their legal obligations to uphold disability rights under federal, state, and local laws.

Understanding the Justice Department's Proposed Rule on Accessible Medical Diagnostic Equipment for Disability Non-Discrimination

On 1/12/24, the Justice Department announced a proposed rule revision under the Americans with Disabilities Act (ADA), targeting the accessibility of Medical Diagnostic Equipment (MDE) in state and local government entities. This move is a significant step towards ensuring that medical diagnostic equipment is accessible to all, regardless of disability. 

The rule, proposed by the Civil Rights Division of the Department of Justice, seeks to amend title II of the ADA regulations. The primary goal is to establish explicit requirements, including technical standards, for accessible MDE provided by state and local governments. 

Key Provisions:

• Adoption of Standards: The rule proposes adopting standards set by the Architectural and Transportation Barriers Compliance Board for MDE.
• Scoping Requirements: Specifics on the amount and type of accessible MDE required.
• Deadline for Comments: Stakeholders can submit comments until February 12, 2024, primarily through the electronic Federal Docket Management System.

Impact on Medical Services: The lack of accessible MDE has been a barrier for people with disabilities, often leading to compromised health care. For instance, patients with disabilities have faced challenges in accessing routine examinations like mammograms and Pap smears due to inaccessibility. This rule aims to rectify such disparities.

Public Participation: The Justice Department encourages public involvement in the rulemaking process. Comments can be submitted electronically or via mail. It's an opportunity for healthcare providers, individuals with disabilities, and other stakeholders to voice their opinions and concerns.

Implications for State and Local Governments: Entities offering medical services will need to align with these standards, ensuring that their MDE is accessible. This might involve acquiring new equipment or modifying existing setups.

Economic and Environmental Considerations: The Department invites comments on potential economic and environmental impacts of the rule. This consideration is crucial for balanced and sustainable implementation.