Takeaway: This ruling should give employers pause before implementing a no-fault points-based attendance policy.
AutoZone stores may have violated the Americans with Disabilities Act (ADA) when they maintained a no-fault points-based attendance policy, even though the policy had exceptions for disability-related absences. The stores issued occurrence points for employee tardiness and absences, and considered termination at the 12-point mark. This policy may have violated disabled employees' right to the reasonable accommodation of time off from work, the U.S. District Court for the Northern District of Illinois ruled.
The U.S. Equal Employment Opportunity Commission (EEOC) brought a federal lawsuit against Autozoners LLC, which operates AutoZone retail stores nationwide, on behalf of eight claimants who were employed at the stores between 2009 and 2011. The EEOC alleged that the claimants made requests to have disability-related absences excused or covered by accrued vacation time, and that Autozoners and its holding company, AutoZone Inc., violated the ADA by failing to make exceptions to their no-fault attendance policy.
AutoZone stores began using a formal point system to keep track of employees' attendance and timeliness in 2009. The system was adopted in response to rising problems with employee absences and tardiness on the weekends. AutoZone stores sought to formalize the tracking of attendance so employees knew precisely what would be expected of them and how they...
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