In 2015, HHS used an EFT based on the housekeeping and floor tech job descriptions “to determine whether a person could safely perform the applicable job duties.” (Doc.
HHS prioritizes safety due to the job’s physically demanding nature. 1 reaching, and being able to lift up to 40 pounds. These two positions’ job descriptions list identical essential functions, which include walking, standing, 1 Since this Opinion and Order only addresses the part of HHS’s summary judgment motion related to the laches defense and the EEOC’s motion, the Court will only recite facts necessary to resolve those issues. HHS employs housekeepers and floor technicians who clean and sanitize hospital rooms. HHS supports housekeeping services at hospitals throughout the United States, including in Arkansas. Background 1 0F This case arises out of HHS’s use of an Essential Function Test (EFT) to evaluate its employees’ ability to perform the essential functions of their jobs. The Court will reserve ruling on the remainder of HHS’s motion until after the summary judgment hearing currently scheduled for April 17, 2023. For the reasons given below, EEOC’s partial summary judgment motion will be GRANTED, and HHS’s summary judgment motion will be DENIED IN PART as to the laches defense.
The Court has considered the parties’ respective briefs, exhibits, and statements of facts in support of and opposing the motions. 26, 29) for summary judgment filed by Plaintiff Equal Employment Opportunity Commission (“EEOC”) and Defendant Hospital Housekeeping Services, LLC (“HHS”). 2:21-CV-2134 HOSPITAL HOUSEKEEPING SERVICES, LLC DEFENDANT OPINION AND ORDER Before the Court are cross-motions (Docs. 48 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FORT SMITH DIVISION EQUAL EMPLOYMENT OPPORTUNITY COMMISSION v. Equal Employment Opportunity Commission v.
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