EEOC to employer: You didn’t accommodate painful menstrual cramps. See you in court!

On Christmas Eve day, the U.S. Equal Employment Opportunity Commission (EEOC) announced it had filed a significant lawsuit alleging discrimination based on disability and sex during the hiring process. The case centers around an individual who suffers from endometriosis, a condition that causes severe menstrual cramps, nausea, and headaches, potentially rendering her bedridden for one to two days during her menstrual periods. The EEOC claims that the employer failed to hire her due to her disability and did not provide reasonable accommodation, violating the Americans with Disabilities Act (ADA) and Title VII of the Civil Rights Act.

Let’s focus on the ADA allegations. The EEOC alleges that the employer regarded the individual as having a physical impairment and discriminated against her based on this perception. However, it also claims that the individual had an actual disability that the employer failed to accommodate when it did not reschedule her second-round interview despite her request due to severe menstrual cramps.

Challenges in Proving Endometriosis as an Actual Disability.

The EEOC may face considerable obstacles in establishing that endometriosis qualifies as an actual disability under the ADA, which could then trigger a duty to accommodate. I independently researched how courts have dealt with this issue before, and the case law highlights stringent requirements for proving that endometriosis substantially limits one or more major life activities.

1. Detailed Evidence of Impact: Courts have consistently required plaintiffs to provide detailed evidence demonstrating how their condition substantially limits major life activities. In previous cases, courts granted summary judgment where plaintiffs did not provide sufficient evidence of how their endometriosis substantially limited their major life activities. The emphasis was on the need for evidence regarding the timing, frequency, and duration of the impairments.

2. Temporary Conditions: Courts are generally reluctant to consider temporary conditions as disabilities under the ADA unless there is clear evidence of substantial limitations. In plain English, temporary, minor impairments are generally not ADA disabilities.

Implications for the EEOC’s Case:

The EEOC must provide detailed and specific evidence demonstrating how endometriosis substantially limits major life activities to establish that the employer had a duty to accommodate the applicant. This includes addressing the symptoms’ severity, frequency, and duration and their impact on daily life. Additionally, the EEOC must counter the argument that the condition is temporary and minor, which does not meet the ADA’s definition of a disability.

Conclusion:

Is endometriosis an actual ADA disability? It depends. The outcome of this case could have significant implications for women seeking protection under disability discrimination laws. As the case progresses, it will be crucial to watch how the EEOC navigates these legal obstacles to establish endometriosis as an actual disability.