California Dialysis Clinic Settles ADA Disability Claim
Dialysis Clinic, Inc., which operates medical facilities in California and across the country, has settled a discrimination lawsuit filed by the Equal Employment Opportunity Commission (EEOC) alleging violations of the Americans with Disabilities Act (ADA). EEOC filed the suit on behalf of Francisca Lee, a former nurse at the clinic’s Sacramento location who was terminated by the company. The suit alleges that Dialysis Clinic fired Lee after taking medical leave for treatment of breast cancer even though the leave was approved by her doctor. The clinic informed lee that she would have reapply for open positions. When she did apply, the company refused to hire her and, instead, hired a newly licensed nurse.
Under the ADA, employers cannot terminate qualified employees because of a disability. Employees with cancer are likely to be considered under the ADA as having a disability. As such, the ADA also requires employers to provide reasonable accommodations to provide employees with disabilities with equal employment opportunity unless doing so poses an undue hardship. These accommodations will vary based on the needs presented by the disabled employee.
Accommodations for employees may include medical leave for doctors’ appointments or to recuperate for intensive treatment such as chemotherapy. It may also include modified work schedules or changes in shifts to accommodate a treatment schedule. Employers may also reassign an employee to a vacant position when he or she is no longer able to perform a job as long as the position is equivalent in pay and status to the original job, or as close as possible if an equivalent position does not exist.
Discrimination in the workplace due to a protected status as defined by California and federal EEO laws is prohibited. You should seek the assistance of expert counsel such as Dejban Law to seek compensation for your injuries if you believe you have been discriminated against. Contact us now by email at firstname.lastname@example.org or by phone us at (818) 325-3820 for a free and confidential initial consultation.