EEOC Sues Illinois Employer for Refusing to Provide Disabled Employee Additional Leave
1 min read
Sep 1, 2017
You have complied with the Family Medical Leave Act by allowing an employee with a serious medical condition 12 weeks of leave. You even provided a few additional weeks even though he has exhausted all available leave. When the employee asks for three more weeks, and you think to yourself “the company has met its legal obligations and can terminate, right?” Wrong—according to the EEOC.
Earlier this week, the EEOC commenced a federal lawsuit against Illinois Action for Children alleging the employer failed to provide the reasonable accommodation of additional leave. The complaint alleges the employee requested leave from June 2015 to November 2015 to seek treatment for breast cancer. The employer agreed to provide leave through September 30th, over 16 weeks of leave, but nothing more. Despite denying leave past September 30th, it waited to terminate until October 19th, effectively providing an additional 3 weeks of leave, well beyond the amount of leave employers are provided to give under the FMLA. Nevertheless, the EEOC alleges the employer’s refusal to provide leave through November violated the Americans with Disabilities Act.
This case exemplifies the EEOC’s intent to weed out what it deems inflexible leave policies that discriminate against individuals with disabilities as announced in its 2017 Strategic Plan. Employers should review their leave policies to ensure they do not call for automatic termination upon exhaustion of FMLA leave. It also serves as a reminder that medical leave is a reasonable accommodation, particularly when the leave requested is finite. (Courts in the 7th Circuit have consistently held indefinite leave is not a reasonable accommodation). Stay tuned to the Employment Law Observer for updates on this case.
Featured Insights

Employment Law Observer
Aug 10, 2026
As Leaves Fall, Leave Requests Rise: Are You Compliant With Chicago’s Expanded Rules?

Press Release
Aug 7, 2026
Daniel McGrath Re-Elected Senior Director of the Federation of Defense & Corporate Counsel

Insights for Insurers Alert
Aug 7, 2026
California Supreme Court Clarifies Pleading Standards for Excess Policy Claims

Press Release
Aug 6, 2026
Charles Townsend Named a Best Mentor Finalist in the 2026 ALM Texas Legal Awards

Webinar
Aug 5, 2026
April Toy Moderates HNBA Webinar on AI in the Practice of Law

Privacy, Cyber & AI Decoded Alert
Aug 5, 2026
2026 AI Compliance: Upcoming Laws Every Organization Needs to Know

Press Release
July 21, 2026 | Updated on August 4, 2026
Three Hinshaw Attorneys Named to the 2026 National Black Lawyers’ Top 40 Under 40 List

Healthcare Alert
Aug 3, 2026
Fixing the Emergency Refill Trap: What California’s AB 1587 Means for Pharmacies

Consumer Crossroads: Where Financial Services and Litigation Intersect
Jul 30, 2026
Should Text Messages be Considered “Calls” Under the TCPA? The Seventh Circuit Says No

Healthcare Alert
Jul 30, 2026
California Courts Sharply Curtail the MICRA Damages Cap in Nursing Home Litigation

Insights for Insurers Alert
Jul 30, 2026
Analyzing a Couple of Cases Involving Exclusions in D&O Policies

