Unpaid Leaves of Absences are a Reasonable Accommodation

The Equal Employment Opportunity Commission settled a lawsuit alleging that Stanley Black & Decker violated the Americans with Disabilities Act by failing to accommodate a disabled employee who had requested time off of work for doctor’s appointments and treatment related to her cancer.  The EEOC’s lawsuit claimed that Black and Decker fired an employee who worked as an inside salesperson after she exceeded her sales goals, because she had “poor attendance.”  However, the employee had requested an unpaid leave of absence for doctor’s appointments and treatments for her cancer.  However, Black and Decker did not grant the leave and instead used those absences as an excuse to terminate her employment.  The Americans with Disabilities Act protects employees from workplace discrimination due to a disability and requires that employers provide a reasonable leave of absence to employees who need such leave as an accommodation.  See EEOC v. Stanley Black & Decker, Inc., No. 1:18-cv-02525 (D. Md.).