Case details
EEOC: Employee with breast cancer fired for medical leave request
SUMMARY
$300000
Amount
Settlement
Result type
Not present
Ruling
KEYWORDS
FACTS
On July 10, 2012, plaintiff the U.S. Equal Employment Opportunity Commission (EEOC) alleged that Imelda Tamayo, an office associate for Children’s Hospital and Research Center, a non-profit regional medical center, was terminated from her position. The plaintiff alleged Tamayo was terminated because she needed medical leave exceeding the hospital’s six-month policy. After attempting to resolve the case through pre-litigation conciliation efforts, the EEOC sued Children’s Hospital and Research Center for violations of the Americans with Disabilities Act (ADA) for alleged discrimination against Tamayo. Tamayo’s initial request for two months’ leave to have a double mastectomy was granted. The plaintiff claimed that when her treatment plan required additional leave, Tamayo was fired. The plaintiff claimed that though Tamayo’s doctor’s note indicated she could resume work in September 2012, on July 10, 2012, during a meeting to discuss her request for extended leave, managers improperly chose to rely on their own assessment that she looked “fragile” and unlikely to return to work., Tamayo had worked in the endocrinology department since March 2009 and was diagnosed with breast cancer in December 2011. She claimed loss of health insurance, benefits and pay.
COURT
United States District Court, Northern District, San Francisco, CA
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