EEOC Disability Discrimination Lawsuit Against Schneider National Over Service Dog Accommodation

by Rrita Osmani and Jenna Leslie

Schneider National Faces EEOC Disability Discrimination Lawsuit

The U.S. Equal Employment Opportunity Commission (EEOC) filed a disability discrimination lawsuit against Schneider National on March 4th. The lawsuit alleged that the decision to withdraw their job offer to an applicant after learning of her disability and request to bring a service dog as a reasonable accommodation.

Schneider National had offered a qualified job candidate employment in the Baltimore region back in September of 2023. However, when they learned she had post-traumatic stress disorder (PTSD) and needed her service dog, the company rescinded that job offer. Schneider requested additional information, which the applicant provided.

Her dog was certified to be a service animal, had been trained to prevent and alleviate PTSD symptoms, and had already successfully accompanied her in her truck while she obtained a Class A commercial driver’s license. Allegedly, Schneider refused to allow her to drive with her service dog as an accommodation. After failing to reach a pre-litigation settlement, the lawsuit was filed in the U.S. District Court of Maryland earlier this month.

The Americans with Disabilities Act

The Americans with Disabilities Act (ADA) prohibits any employer from discriminating against a person on the basis of their disability, just like other federal civil rights laws prohibit discrimination on the basis of race, color, sex, national origin, or age.

Individuals with a disability may have a history of, or presently have a physical or mental impairment that substantially limits one or more major life activities, or is perceived by others as having such an impairment. If a person fits into one of those categories, then they are protected by the ADA. There is no application to receive coverage, as the ADA is not a benefits program.

Job Applicant Protections

Like all other job applicants, an applicant with a disability must be able to meet the employer’s requirements for the job to be considered “qualified.” Under the ADA, this includes pre-requisites such as education, training, experience, skills, or licenses. Additionally, the individual must be able to perform the “essential functions” of the job with or without “reasonable accommodations.”

Employers are only allowed to deny a request for accommodation that would cause “undue hardship,” best seen in significant expenses, safety risks or difficulty providing the requested accommodation while maintaining regular business operations. For example, an employer could refuse telework as a reasonable accommodation if the job required workers to be on-site to complete the job, since this would count as an undue hardship. Notably, employers must explore alternative accommodations before rejecting a request altogether.

ADA Reasonable Accommodations

In the Schneider National case, the withdrawal of a job offer after discovering the applicant’s disability could be a violation of the ADA. After providing a job offer, the employer can only withdraw it if they can show that the applicant is “unable to perform the essential functions of the job,” with or without reasonable accommodation. There must be evidence of undue hardship related to the accommodation in order to substantiate the decision’s validity.

Service Animals

The ADA has provided guidance that service animals are reasonable accommodations if the tasks the animals perform is directly related to the person’s disability and their ability to perform essential job functions. If the service animal’s presence would not change the fundamental nature of the workplace and would not pose a safety hazard or threat to others, then employers would generally not be able to claim the accommodation would cause undue hardship.

Additionally, denying a request to bring a service animal to the workplace should not be based on the employer’s past experiences, speculations, or possibilities of issues. Often, a trial period is recommended to observe and decide if anticipated problems are legitimate.

Finally, the ADA does not require service animals to be certified, go through a professional training program, or wear a vest or other ID that indicates their status. Documentation to support an accommodation request would usually come from a healthcare provider, detailing the medical needs of the employee and recommendations for a service animal in managing their condition.

Potential Remedies / Penalties in ADA Cases

Similar to Title VII of the Civil Rights Act of 1964, the remedies for victims of workplace discrimination can be found in Title VII of the ADA. Remedies include hiring, promotion, reinstatement, back pay, and attorneys fees – usually totaling in hundreds of thousands of dollars from the employer. In some cases, reasonable accommodation may also be ordered by the EEOC to fix the situation.

Company Obligations and Liabilities

While it is okay for employers to ask about an applicant’s abilities as they relate to the tasks in the workplace, employers cannot ask an applicant if they are disabled, how severe their disability is, or about the nature of their disability. It is also unlawful to require a medical examination before making a job offer.

The EEOC handles complaints from individuals who believe they have been discriminated against based on their disability, starting with investigations to determine whether or not there was discrimination. The EEOC will also initially attempt to resolve the issue through conciliation before filing in court.

The ADA has offered lots of literature and guidance to help employers navigate the requirements around accommodations. The Job Accommodation Network (JAN) is a free consultant service that helps employers explore options for accommodations. Earlier this year, JAN even released a new workplace accommodation toolkit that walks employers through every step of providing reasonable accommodations.

Additional Resources

While the ADA and JAN have provided clarifying information about workplace standards and compliance requirements, navigating discrimination can be challenging. The EEOC imposes strict time constraints throughout the entire process.

First, the EEOC requires filing ADA disability discrimination complaints within 180 days of the incident. Yet in some states, that deadline may be extended to 300 days due to local anti-discrimination policies. During that time, they may offer mediation services to resolve the issue.

When the EEOC closes their investigation, they may find discrimination has not occurred. In those cases, complainants may still file a private lawsuit within 90 days of receiving the EEOC’s Notice of Right to Sue. If complainants do not file in time, they may be prevented from going forward with your lawsuit. Due to the time-sensitive nature of disability discrimination cases, it is crucial to consider legal action early.