If a qualified applicant requests to reschedule a job interview due to severe menstrual cramps stemming from endometriosis, does that constitute a request for a reasonable accommodation under the Americans with Disabilities Act (ADA)? And if the employer denies the request, could that lead to a potential sex discrimination claim under Title VII? According to the Equal Employment Opportunity Commission (EEOC), the answer is yes.
EEOC v. Equinox Holdings: Allegations and Resolution
In a recent lawsuit, the EEOC alleged that Equinox Holdings, a nationwide fitness center operator, violated both the ADA and Title VII when it refused to reschedule a second-round interview for a candidate suffering from severe menstrual pain related to endometriosis. The agency’s complaint claimed that Equinox rejected the applicant based on her “monthly cycle.”
Specifically, the EEOC asserted that Equinox failed to provide a reasonable accommodation during the hiring process and discriminated based on a perceived disability in violation of the ADA. The agency also alleged a Title VII violation, arguing that the rejection stemmed from a sex-based characteristic—menstruation.
A text message sent by Equinox’s hiring manager served as a central piece of evidence. Although the hiring manager had previously described the applicant’s qualifications as “excellent,” he stated she was rejected “[o]nly because [of] the concern in the future if your absence may occur due to your month cycle,” according to the EEOC’s complaint.
The matter has since been resolved. Equinox agreed to a $48,000 settlement and, as part of the agreement, must implement revised anti-discrimination policies, post employee rights notices under federal law, and provide comprehensive ADA and Title VII training to both hiring managers and employees.
Legal Framework: ADA and Title VII Implications
Under the ADA, employers are prohibited from discriminating against qualified individuals with disabilities. This protection extends not only to employees but also to applicants during the hiring process. The ADA further requires employers to provide reasonable accommodations unless doing so would cause undue hardship.
In hiring, accommodations might include adjustments such as rescheduling interviews, altering the format of assessments, or providing auxiliary aids. Critically, employers are expected to engage in the interactive process when a qualified applicant signals that a medical condition may affect their ability to participate fully in the hiring process.
Title VII of the Civil Rights Act also comes into play when the alleged discrimination involves sex-based characteristics, including conditions uniquely or predominantly affecting one sex—such as menstruation or endometriosis.
Key Takeaways for Employers
This case offers important guidance for employers navigating medical accommodations during recruitment:
-
ADA Obligations Apply to Applicants
Employers must remain attentive to the rights of applicants, not just employees. If a candidate raises a medical issue—whether explicitly invoking the ADA or not—employers should treat it as a potential accommodation request. Even routine actions, such as rescheduling an interview, may fall within the scope of the ADA’s protections. -
Menstrual and Reproductive Health Conditions May Be Protected
Conditions such as endometriosis and severe menstrual cramps may meet the definition of a disability under the ADA. Moreover, adverse actions based on menstruation-related concerns could expose employers to claims under Title VII. Comments or decisions rooted in assumptions about menstruation risk being interpreted as evidence of sex-based bias.
Final Thoughts
Our DC Employment Attorneys see the Equinox settlement underscoring the importance of treating accommodation requests—regardless of how minor or informal they may appear—with legal care and consistency. Hiring managers should be trained to recognize when a candidate’s request could implicate federal disability or anti-discrimination law, and to escalate such issues appropriately.