If a qualified job candidate asks to reschedule a second-round interview due to severe menstrual cramps associated with endometriosis, is that a request for an accommodation under the Americans with Disabilities Act? If you deny the request, could it be the basis of a sex discrimination claim under Title VII? The EEOC thinks so and filed a lawsuit against Equinox Holdings.
The EEOC’s Allegations and Settlement
Equinox Holdings runs fitness centers nationwide. The EEOC alleged that Equinox rejected an applicant due to her “monthly cycle.” The EEOC’s complaint alleged that Equinox violated the ADA by failing to hire the applicant on the basis of her perceived disability and by failing to make a reasonable accommodation for her endometriosis during the hiring process. The complaint also alleged that Equinox violated Title VII by failing to hire her due to the innately sex-based characteristic of menstruation.
Notably, the EEOC pointed to a text message sent by the Equinox hiring manager to the applicant as evidence of discrimination. Although Equinox had previously described the employee’s qualifications as “excellent” in a text to the applicant, the hiring manager explained that she was rejected “[o]nly because [of] the concern in the future if your absence may occur due to your month cycle,” according to the EEOC’s complaint.
The EEOC recently announced that it had settled this matter for $48,000. The settlement also requires Equinox to implement anti-discrimination policies, post notices regarding employee’s rights under federal anti-discrimination law, and provide ADA and Title VII training to employees and hiring managers.
The Legal Landscape
The ADA prohibits employers from discriminating against qualified individuals — including both applicants and employees — with a disability. It also requires employers to provide reasonable accommodations to qualified individuals with a disability if the employer can do so without undue hardship.
Importantly, the ADA prohibits discrimination against job applicants in the hiring process. In the hiring stage, this could mean making modifications or adjustments to the job application process that enable a qualified applicant with a disability to be considered for the job.
Takeaways
The EEOC’s allegations and the resulting $48,000 settlement bring to light two points employers should remember.
First, your ADA obligations run even to nonemployee applicants. Employers should navigate the hiring process with this in mind and pay attention to any concern raised by an applicant regarding a medical condition that impedes his or her ability to navigate the hiring process. Requested accommodations in the hiring process can include a wide variety of things (e.g., rescheduling an interview, a translator for an applicant who is deaf). Train your front-line hiring managers to recognize situations where an applicant may need an accommodation, particularly if the applicant identifies a medical issue.
Second, keep in mind that common conditions such as endometriosis and severe menstrual cramps may qualify as disabilities under the ADA. Treating an applicant or employee differently because of menstruation-related issues may also implicate Title VII.