Failure to Grant Reasonable Accommodations May Lead to a Constructive Discharge

The U.S. Equal Employment Opportunity Commission settled a case against a luxury boutique hotel in which the EEOC had alleged that the hotel failed to accommodate a former employee who worked at the front desk and suffered from a disability.  The EEOC’s lawsuit alleged that the employee, who worked as a guest services agent, requested the reasonable accommodation of being permitted to use a chair or a stool while they worked, because their disability made it difficult or impossible to stand for prolonged periods of time.  Instead of granting this reasonable accommodation, the company offered undesirable alternatives.  The employee attempted to work without the accommodation, but eventually had to resign because of the negative impact that the hotel’s failure to grant the accommodation was having on the employee’s health.  This alleged conduct is a violation of the Americans with Disabilities Act, which requires employers to provide reasonable accommodations to employees suffering from a disability.  See EEOC v. 299 Madison Ave. LLC d/b/a Library Hotel, Civil Action No. 1:23-cv-08306 (S.D.N.Y.).