Employers Must Make Reasonable Accommodations Even When FMLA Has Been Exhausted

A trucking and property management company recently settled a lawsuit that the EEOC had filed against it in which the EEOC alleged that the company refused to make reasonable accommodations and then fired two of its employees because of their disabilities.  The lawsuit claimed that Groendyke Transport had a policy to fire employees after they had exhausted their 12 weeks of FMLA leave.  One employee (who had worked for Groendyke for 20 years) needed only one additional week of leave after his 12 weeks of FMLA leave were exhausted, but the company refused this accommodation and terminated his employment.  Such alleged conduct is a violation of the Americans with Disabilities Act, which prohibits discrimination on the basis of an employee’s disability.  See EEOC v. Groendyke Transport, Inc and McKenzie Property Management, Inc. f/k/a McKenzie Tank Lines, Inc., No. 3:19-cv-02830-RV-EMT (N.D. Fla.).