The Salvation Army is being sued by the EEOC over allegations of disability discrimination at a facility in Lynchburg, presenting us with another instance of how labor laws govern workplace accommodations. The EEOC’s Salvation Army lawsuit states that the institution violated federal law by denying an employee reasonable accommodations when she sought leave to receive cancer treatment. As a result of their alleged failure to meet her leave requirements, the employee was forced to resign after being given an ultimatum to quit voluntarily or face termination from her role.
Under the Americans with Disabilities Act, employers are required to provide reasonable accommodations to employees with “a physical or mental impairment that substantially limits one or more major life activities” to ensure they can continue to access employment opportunities. While the ADA does not dictate the exact accommodations that are to be provided under each scenario, employers must work with employees to explore solutions that can be offered without any “undue hardship” to their operations. Part-time work, modified schedules, or additional leave can be seen as reasonable accommodations in such cases, and failure to explore such alternatives can result in retaliation from the EEOC.
The EEOC’s disability discrimination allegations against the Salvation Army showcase the importance of familiarizing organizations with ADA requirements. (Image: Pexels)
The Salvation Army Faces Disability Discrimination Allegations as the EEOC Moves Forward with Its Lawsuit
The U.S. Equal Employment Opportunity Commission claims that in October 2024, a case worker at The Salvation Army facility in Lynchburg told her employers that she would have to start chemotherapy as part of her cancer treatment for Hodgkin’s lymphoma. She also provided the employer with a medical note and requested intermittent leave through February 2025 so she could attend the treatment and subsequently recover.
The lawsuit states that The Salvation Army did not further explore the request, but instead offered the employee two options: resign voluntarily so she could be eligible for reemployment following her recovery, or face termination and lose the opportunity for redeployment. This left the employee with no choice but to quit so she could apply to return to the organization once recovered.
The Lawsuit Points to Two Counts of ADA Violations
Under the ADA, reasonable accommodations refer to the changes made in the hiring and employment process to assist an employee with a disability in performing the essential functions of the job and maintaining fair access to opportunity. As long as the accommodation does not create any undue hardship or harm to the employer, the organization must make an effort to assist workers with navigating the limitations caused by the disability.
The disability discrimination allegations against the Salvation Army indicate that the institution failed to provide appropriate accommodations for the employee to help her manage her employment alongside her cancer diagnosis. The ADA also prohibits employers from taking action against employees for requesting accommodations, including discharging them for the request. This marks the second strike against the institution.
“Absent undue hardship, intermittent leave can be a reasonable accommodation that allows employees to continue to perform the essential functions of the job while receiving medical treatments for a disability,” Melinda C. Dugas, regional attorney for the EEOC’s Charlotte District, stated in the EEOC’s notice.
The ADA’s Requirement of Reasonable Accommodations Is a Key HR Responsibility
The disability discrimination lawsuit faced by the Salvation Army offers us some critical insights into the EEOC’s expectations from employers. Decision-makers and their HR teams need to keep a close watch on federal regulations to understand which employees qualify for disability accommodations and how the ADA recommends employers approach their requests. Not all employees who require additional leave may fall within the ADA’s purview, but medical conditions do often qualify as “physical or mental impairment” and thus need to be dealt with accordingly.
When employees request such ADA accommodations, employers and their HR teams are required to discuss the situation further with the employee to understand how best they can find a way to navigate it to ensure the worker is supported without forcing the business to overextend itself in offering that support. Not every request can be resolved with a straightforward solution and often requires the business to make changes to operations or provide certain exceptions to workers. Intermittent leave is a simple but effective solution to address cases where employees require medical treatment, but it isn’t always the only effective strategy.
Organizations need to ensure that local HR teams and managers are trained to handle such accommodation requests and that they have a communication pathway to reach leadership when they are unsure of how to proceed. This awareness and training can be vital in avoiding legal troubles and ensuring that employees are well supported in their employment journeys.
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