Nature’s Herbs Takes a $95K Hit After Calling Employee a ‘Fruitcake’ – A Not-So-Sweet Lesson in Disability Rights

Nature’s Herbs & Wellness Center, a Colorado marijuana retailer, has agreed to pay $95,000 to settle a lawsuit brought by the EEOC for disability and retaliation discrimination. The case involved a budtender who disclosed her disabilities and requested accommodations. After her request, she was suspended without pay and later terminated. Internal communications revealed that the owner instructed HR to fire her because she hadn't disclosed her disabilities upon hiring, and HR referred to her as a "fruitcake."

This conduct violated the Americans with Disabilities Act (ADA), which prohibits discrimination based on disability. The EEOC filed the suit after trying to reach a pre-litigation settlement. Under the consent decree, Nature’s Herbs will pay damages, revise its policies to ensure ADA compliance, provide annual training to employees, and report any future complaints to the EEOC. This settlement reinforces that employers must engage in the interactive process for accommodations and cannot retaliate against employees for requesting them or complaining about discrimination.

What is the Interactive Process?

The interactive process is the communication and collaboration between an employer and an employee with a disability to identify reasonable accommodations that will enable the employee to perform the essential functions of their job. It is required under the Americans with Disabilities Act (ADA) and involves an open dialogue to assess the employee's limitations and explore potential accommodations. Both the employer and employee must engage in this process in good faith to find a solution that works for both parties while ensuring that the employee can continue to work effectively.

My Recommendation to Employers:

To avoid costly disability discrimination claims like this case, I recommend that employers adopt an accommodation mindset. This means being proactive in recognizing and addressing the needs of employees with disabilities. Engaging in an open and collaborative interactive process when an employee requests accommodations is crucial. Employers should focus on finding reasonable solutions that enable employees to perform their essential job functions. By fostering a supportive environment and ensuring compliance with the Americans with Disabilities Act (ADA), employers can reduce the risk of discrimination claims and build a more inclusive workplace.

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