The U.S. Equal Employment Opportunity Commission sued The Daley/Kenney Group, LLC and 15 related companies in the U.S. District Court for the District of Massachusetts. The defendants own and operate Dunkin' Donuts restaurants in Massachusetts. The defendants will pay $250,000.

The EEOC alleged that since March 2013, the franchisees allegedly placed employees with actual or perceived medical restrictions on unpaid, indefinite leave - even if medical restrictions did not prevent them from performing essential functions of their jobs.

This policy often resulted in employees being forced to resign or employees being discharged when they could not provide a physician's note verifying that they had no restrictions.

Source: https://www.eeoc.gov/newsroom/dunkin-donuts-franchisees-pay-250000-eeoc-disability-discrimination-suit

Commentary

Rigid, inflexible return-to-work policies are often referred to as "100 percent healed" policies.

Leadership may prefer workers who can perform without limitations or accommodations. However, this runs afoul of the Americans with Disabilities Act (ADA).

If an employee returns to work with any restrictions, engage in an interactive process to determine what, if any, reasonable accommodations would allow the employee to perform the essential functions of the job.

To help reduce the risks, executive should consider the following:

· Audit all return-to-work and medical leave policies to identify any language requiring employees to be restriction-free

· Replace all rigid return-to-work requirements with an individualized interactive process

· Document the interactive process, including each accommodation suggested, all options considered, and the outcome

· Conduct annual policy reviews to ensure compliance with federal, state, and local law