Monday, July 21, 2014

EEOC Update: Agency Files Disability Claim on Behalf of Cancer Victim


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The EEOC appears to be continuing its active efforts to enforce the Americans with Disabilities Act.  The agency recently filed suit against a health care provider that terminated (and failed to re-employ) a nurse who worked for the employer for over a decade.  The employee required additional medical leave after finishing her treatment for cancer. From the EEOC's press release on the case:

“Francisca Lee had worked as a nurse at [Dialysis Clinic, Inc. (DCI)]’s Sacramento Southgate location for 14 years when she was diagnosed with breast cancer. Lee took medical leave in order to have mastectomy surgery and chemotherapy treatments. Four months later, DCI notified Lee by mail that she was being terminated for exceeding the time limit dictated by its medical leave policy, the EEOC said. This was done despite Lee being on approved medical leave and cleared by her doctor to return to work without restrictions in less than two months. Lee was told that she would have to reapply for open positions. However, when Lee did apply over two months later, she was rejected, and not long after, DCI hired a newly licensed nurse.”

These allegations of disability discrimination, if true, are quite unfortunate. This will be an interesting case to follow in the courts…

- Joe Seiner

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