Employers Need to Accommodate Applicants During the Hiring Process

Employers must provide reasonable accommodations not only to employees but also to qualified applicants during the hiring process.  The U.S Equal Employment Opportunity Commission recently filed a lawsuit against Equinox Holdings for illegally discriminating against a woman who suffers from endometriosis and failed to hire her as a front desk associate because of her “monthly cycle” and potential need for a reasonable accommodation. The EEOC’s lawsuit states the applicant had previously worked in similar positions for other gyms and asked for her second-round interview to be delayed by a few days because she experiences painful menstrual cramps and was anticipating being in that situation imminently. Equinox never scheduled her second-round interview, instead rejecting the applicant, informing her there was a concern that she would be absent in the future due to her monthly cycle. Equinox instead hired a male applicant with no prior experience working in gyms. The EEOC alleged this conduct violated the Americans with Disabilities Act and Title VII of the Civil Rights Act of 1964, which prohibits discrimination on the bases of disability and sex. See EEOC v. Equinox Holdings, Inc., Case No. 1:24-cv-03597 (D.D.C.).