Case details
EEOC: Company fired employee undergoing cancer treatment
SUMMARY
$190000
Amount
Settlement
Result type
Not present
Ruling
KEYWORDS
breast cancer
FACTS
On April 9, 2009, a claimant, whose suit was represented by plaintiff Equal Employment Opportunity Commission, was terminated from her position as a nurse from Dialysis Clinic Inc., a nationwide healthcare provider. The claimant had previously worked at Dialysis Clinic’s Sacramento office for 14 years when she took medical leave for mastectomy surgery and chemotherapy treatments. However, according to the EEOC, when the claimant needed more medical leave to complete her treatment for breast cancer, Dialysis Clinic fired her and then refused to rehire the longtime nurse. The EEOC sued Dialysis Clinic on claims of violating the Americans with Disabilities Act and Title VII under the Civil Rights Act of 1964. According to the EEOC, the ADA requires an employer to provide reasonable accommodation to an employee or job applicant with a disability, unless doing so would impose an undue hardship for the employer. Providing extended medical leave can be considered a reasonable accommodation, the EEOC cited. The EEOC claimed that after four months, Dialysis Clinic notified the claimant by mail that she was being terminated for exceeding the time limit dictated by its medical leave policy. This was allegedly done despite the nurse being on approved medical leave and cleared by her doctor to return to work without restrictions in less than two months. The claimant was allegedly told that she would have to reapply for open positions, but that when she did apply two months later, she was rejected. The EEOC noted that not long after, Dialysis Clinic hired a newly licensed nurse. Defense counsel denied the EEOC’s allegations., The EEOC sought to recover back pay and unspecified amounts in compensatory and punitive damages, on behalf of the former Dialysis Clinic employee. The EEOC further sought to have Dialysis Clinic institute anti-discrimination policies and provide training on employee rights under the ADA.
COURT
United States District Court, Eastern District, Sacramento, CA
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