PRESS RELEASE 05-9-13
U.S. Equal Employment Opportunity Commission (EEOC)
Federal Agency Says Bank's Medical Leave Policy Violated the Americans with Disabilities Act
CHICAGO - BMO Harris Bank will pay $400,000 to a group of 14 former employees under a consent decree entered on May 2, 2013, to resolve a disability discrimination case brought by the U.S. Equal Employment Opportunity Commission (EEOC).
The EEOC had alleged that BMO Harris Bank unlawfully terminated disabled employees at the end of their medical leave of absence rather than offering accommodations which would have allowed them to return to work. EEOC also alleged that the bank failed to provide reasonable accommodations to its disabled employees.
Such alleged conduct violates the Americans with Disabilities Act (ADA) which prohibits discrimination on the basis of disability and also requires employers to provide reasonable accommodations-including additional leave and transfers to a different job where appropriate-unless to do so would cause undue hardship.
U.S. District Court Judge Harry Leinenweber of the Northern District of Illinois entered the decree ending the suit, which provides $400,000 in monetary relief to the victims. In addition, the decree includes an injunction against disability discrimination and retaliation, and imposes record keeping and reporting responsibilities on the bank for the term of the decree. The bank will also change its workplace accommodation policy to allow job transfers as accommodations if employees are unable to return to work at their jobs because of a disability.
"Now that the U.S. Court of Appeals for the Seventh Circuit has made clear that arranging for a job transfer may be an appropriate reasonable accommodations under the ADA, all employers are well-advised to adjust their policies to reflect this development in the law," said John Hendrickson, the EEOC's regional attorney in Chicago. "We at the EEOC are encouraged that the decree just entered reflects that development. More generally, this decree reflects what employers and the EEOC can accomplish with respect to ADA compliance when there is a willingness to sit down and talk. There are no losers here, and the public interest has been well served."
The EEOC filed suit (EEOC v. Harris Bank, Civil Action No. 12-cv -7793, filed Sept. 28, 2012, in U.S. District Court for the Northern District of Illinois) after first attempting to reach a pre-litigation settlement through its conciliation process. In addition to Hendrickson, EEOC trial attorney Aaron DeCamp and supervisory trial attorney Diane Smason litigated the case on behalf of the government.
EEOC's Chicago District Office is responsible for processing charges of discrimination, administrative enforcement, and the conduct of agency litigation in Illinois, Wisconsin, Minnesota, Iowa, and North and South Dakota, with Area Offices in Milwaukee and Minneapolis.
The EEOC is responsible for enforcing federal laws against employment discrimination. Further information is available at www.eeoc.gov.
http://www.eeoc.gov/eeoc/newsroom/release/5-9-13a.cfm
# # #
Harris Bank to pay $400K to settle 2012 suit by disabled workers
By Becky Yerak
Chicago Tribune May 17, 2013
BMO Harris Bank will pay $400,000 to 14 former workers to resolve a disability lawsuit filed by the U.S. Equal Employment Opportunity Commission.
The EEOC, which enforces federal laws against job discrimination, had alleged in a lawsuit filed in September 2012 in a federal court in Chicago that the Chicago area's second-biggest bank had unlawfully fired disabled workers at the end of their medical leave of absences rather than offer them accommodations that would have let them return to work.
The 11-page consent decree signed by U.S. District Judge Harry Leinenweber also requires BMO Harris Bank to meet certain record-keeping, reporting and training requirements.
For example, for two years, all BMO Harris personnel workers who handle medical leaves of absence will be trained how to accommodate workers under the Americans with Disabilities Act, the settlement said.
The EEOC's lawsuit told of a senior administrative assistant. In May 2006, the woman took a medical leave of absence related to colon cancer, and while she was gone, BMO Harris Bank filled her position, the lawsuit said. When she was ready to return to work in February 2007, BMO Harris Bank didn't consider her for open jobs for which she was qualified and eventually fired her.
Another employee, who worked in customer service, took a medical leave of absence in April 2006 over reasons related to Bell's palsy, anxiety disorder and depression. She was ready to return to work by November 2006, but about a week before she was scheduled to come back, BMO Harris Bank replaced her and didn't consider her for any other jobs for which she was qualified. The bank eventually fired her, the EEOC lawsuit had said.
BMO Harris Bank points out that the settlement with the EEOC isn't an admission of wrongdoing.
"We have worked with the EEOC to ensure the bank's leave and return-to-work practices fully align with our legal obligations and the needs of our employees, our customers and our business," a BMO Harris Bank spokesman said.
Copyright © 2013 Chicago Tribune Company, LLC
http://www.chicagotribune.com/business/breaking/chi-harris-bank-disability-suit-20130517,0,80526.story
U.S. Equal Employment Opportunity Commission (EEOC)
Federal Agency Says Bank's Medical Leave Policy Violated the Americans with Disabilities Act
CHICAGO - BMO Harris Bank will pay $400,000 to a group of 14 former employees under a consent decree entered on May 2, 2013, to resolve a disability discrimination case brought by the U.S. Equal Employment Opportunity Commission (EEOC).
The EEOC had alleged that BMO Harris Bank unlawfully terminated disabled employees at the end of their medical leave of absence rather than offering accommodations which would have allowed them to return to work. EEOC also alleged that the bank failed to provide reasonable accommodations to its disabled employees.
Such alleged conduct violates the Americans with Disabilities Act (ADA) which prohibits discrimination on the basis of disability and also requires employers to provide reasonable accommodations-including additional leave and transfers to a different job where appropriate-unless to do so would cause undue hardship.
U.S. District Court Judge Harry Leinenweber of the Northern District of Illinois entered the decree ending the suit, which provides $400,000 in monetary relief to the victims. In addition, the decree includes an injunction against disability discrimination and retaliation, and imposes record keeping and reporting responsibilities on the bank for the term of the decree. The bank will also change its workplace accommodation policy to allow job transfers as accommodations if employees are unable to return to work at their jobs because of a disability.
"Now that the U.S. Court of Appeals for the Seventh Circuit has made clear that arranging for a job transfer may be an appropriate reasonable accommodations under the ADA, all employers are well-advised to adjust their policies to reflect this development in the law," said John Hendrickson, the EEOC's regional attorney in Chicago. "We at the EEOC are encouraged that the decree just entered reflects that development. More generally, this decree reflects what employers and the EEOC can accomplish with respect to ADA compliance when there is a willingness to sit down and talk. There are no losers here, and the public interest has been well served."
The EEOC filed suit (EEOC v. Harris Bank, Civil Action No. 12-cv -7793, filed Sept. 28, 2012, in U.S. District Court for the Northern District of Illinois) after first attempting to reach a pre-litigation settlement through its conciliation process. In addition to Hendrickson, EEOC trial attorney Aaron DeCamp and supervisory trial attorney Diane Smason litigated the case on behalf of the government.
EEOC's Chicago District Office is responsible for processing charges of discrimination, administrative enforcement, and the conduct of agency litigation in Illinois, Wisconsin, Minnesota, Iowa, and North and South Dakota, with Area Offices in Milwaukee and Minneapolis.
The EEOC is responsible for enforcing federal laws against employment discrimination. Further information is available at www.eeoc.gov.
http://www.eeoc.gov/eeoc/newsroom/release/5-9-13a.cfm
# # #
Harris Bank to pay $400K to settle 2012 suit by disabled workers
By Becky Yerak
Chicago Tribune May 17, 2013
BMO Harris Bank will pay $400,000 to 14 former workers to resolve a disability lawsuit filed by the U.S. Equal Employment Opportunity Commission.
The EEOC, which enforces federal laws against job discrimination, had alleged in a lawsuit filed in September 2012 in a federal court in Chicago that the Chicago area's second-biggest bank had unlawfully fired disabled workers at the end of their medical leave of absences rather than offer them accommodations that would have let them return to work.
The 11-page consent decree signed by U.S. District Judge Harry Leinenweber also requires BMO Harris Bank to meet certain record-keeping, reporting and training requirements.
For example, for two years, all BMO Harris personnel workers who handle medical leaves of absence will be trained how to accommodate workers under the Americans with Disabilities Act, the settlement said.
The EEOC's lawsuit told of a senior administrative assistant. In May 2006, the woman took a medical leave of absence related to colon cancer, and while she was gone, BMO Harris Bank filled her position, the lawsuit said. When she was ready to return to work in February 2007, BMO Harris Bank didn't consider her for open jobs for which she was qualified and eventually fired her.
Another employee, who worked in customer service, took a medical leave of absence in April 2006 over reasons related to Bell's palsy, anxiety disorder and depression. She was ready to return to work by November 2006, but about a week before she was scheduled to come back, BMO Harris Bank replaced her and didn't consider her for any other jobs for which she was qualified. The bank eventually fired her, the EEOC lawsuit had said.
BMO Harris Bank points out that the settlement with the EEOC isn't an admission of wrongdoing.
"We have worked with the EEOC to ensure the bank's leave and return-to-work practices fully align with our legal obligations and the needs of our employees, our customers and our business," a BMO Harris Bank spokesman said.
Copyright © 2013 Chicago Tribune Company, LLC
http://www.chicagotribune.com/business/breaking/chi-harris-bank-disability-suit-20130517,0,80526.story
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