Employers, repeat after me:
Requiring employees to be “100% healed” before returning from medical leave is a lawsuit waiting to happen.
Just ask Denver-based Western Distribution Transportation.
After nearly nine years of litigation and close to $1 million in legal fees and settlement costs, the company has finally agreed to resolve a disability discrimination lawsuit brought by the EEOC.
The reason? An inflexible “100% healed” return-to-work policy—something that’s repeatedly landed employers in legal hot water.
What Happened?
According to the EEOC’s complaint, Western Distribution required employees returning from medical leave to be fully healed and able to work without any restrictions—regardless of whether the employee had a disability or whether reasonable accommodations might have enabled them to do the job.
That’s a big problem under the ADA, which requires employers to engage in an interactive process and consider reasonable accommodations that would allow an employee to perform the essential functions of their job—even if they have restrictions.
In Western Distribution’s case, this blanket policy allegedly excluded qualified individuals with disabilities from returning to work—a textbook example of ADA noncompliance.
The Consequences for Western Distribution
Here’s what the company’s “100% healed” policy cost them:
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Nearly a decade of litigation
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A six-figure settlement
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Ongoing obligations to revise policies, provide ADA training, and submit to monitoring by the EEOC
And let’s not forget the reputational damage, internal disruption, and legal costs—likely far exceeding the cost of simply updating their policies and training their managers on ADA-compliant return-to-work procedures.
Key Takeaways for Employers, Executives, and HR Professionals
If your company still uses language like “you can’t come back until you’re 100% healed” or “we don’t allow restrictions,” now is the time to reassess.
Under the ADA:
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Employees don’t need to be 100% recovered to return to work.
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Employers must explore reasonable accommodations if an employee has medical restrictions.
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A blanket return-to-work policy can violate the law—even if well-intentioned.
What You Should Do Now
If you’re not sure whether your company’s return-to-work or leave policies comply with the ADA, ask yourself:
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Are supervisors and HR trained to recognize disability accommodation obligations?
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Does your company engage in the interactive process when employees return with restrictions?
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Is there any language in your policies that might suggest a “100% healed” requirement?
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💡 Need help updating your return-to-work practices?
Let’s make sure your policies support compliance—not lawsuits, OR…
💼 Maybe You Think Everything’s Fine? That’s What Most Employers Think—Until It Isn’t.
Compliance gaps, unclear policies, and communication breakdowns often fly under the radar—until they result in:
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Employee lawsuits
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Failed DOL or EEOC audits
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Union activity
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High turnover
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Trouble attracting and retaining top talent
If you’re ready to get ahead of these hidden legal and operational risks, let’s talk.
📅 [Schedule your free 20-minute consultation]
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Contents of this post are for educational/informational purposes only, are not legal advice, and do not create an attorney-client relationship. Consult with competent employment counsel in the state(s) in which you employ people with your specific questions.
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