Professional Service Agreement

Home Depot Pays $100K to Resolve ADA Suit Over Emergency Bathroom Break

August 27, 2018

Giant national home improvement retailer Home Depot has agreed to pay a former employee $100,000 and provide other relief to settle allegations that it violated the Americans with Disabilities Act (ADA) when it failed to provide an emergency break to an employee with irritable bowel syndrome and fibromyalgia. Instead of accommodating the employee, Home Depot purportedly fired the employee for allegedly violating company policy by leaving her post unattended. Allegedly, Home Depot failed to respond to the employee's request for a meeting to discuss their need for emergency bathroom breaks due to a disability. Before denying a request for an accommodation due to a disability, we recommend all employers contact SESCO to ensure ADA compliance.