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Press Release 12-21-2018

EEOC and MJHS Reach Agreement MJHS to Pay $132,500 to Resolve Discrimination Charge

Pact Provides for Ongoing Collaboration and Cooperation to Combat Disability Discrimination

NEW YORK - The U.S. Equal Opportunity Commission (EEOC) and Metropolitan Jewish Health System (MJHS) have reached a voluntary conciliation agreement to resolve allegations of disability discrimination raised by a former employee who filed a charge with the EEOC alleging she was denied a reasonable accommodation and discharged in violation of the Americans with Disabilities Act of 1990, as amended (ADA).

Following an investigation, the EEOC concluded that MJHS denied the former employee a reasonable accommodation when it discharged her, and that its employment policies concerning absences conflicted with and violated the ADAA.

Without agreeing that any wrongdoing occurred, MJHS agreed to enter a conciliation agreement with the EEOC. As part of that agreement, MJHS will revise its policies to comply with the ADA and provide ongoing training to ensure that both management and staff understand their rights and obligations under the ADA. Respondent demonstrated its commitment to pursue compliance with the ADA by voluntarily committing to post notices of the conciliation agreement, and file reports concerning reasonable accommodations, disability related terminations and discrimination complaints periodically to the EEOC. Charging Party was also compensated as part of the agreement a total of $132,500.

"We commend MJHS for its proactive measures to ensure that persons with a medical need for time off are reasonably accommodated in accordance with the ADA," said EEOC New York District Office Director· Kevin Berry. "We appreciate that MJHS was founded upon core values of compassion, dignity and respect and this agreement is consistent with those values." Under this agreement, MJHS will revise its policies to ensure that a flexible, case-by-case approach is used to determine whether leave times can be reasonable accommodation under the ADA.

The EEOC's New York District Office is responsible for processing discrimination charges, administrative enforcement, and the conduct of agency litigation in New York, northern New Jersey, Connecticut, Massachusetts, Rhode Island, Vermont, New Hampshire and Maine.

The EEOC advances opportunity in the workplace by enforcing federal laws prohibiting employment discrimination. More information is available at www.eeoc.gov. Stay connected with the latest EEOC news by subscribing to our email updates.