The Equal Employment Opportunity Commission has filed suit against cable giant Time-Warner. The lawsuit follows an incident where a woman was not offered reasonable accommodations to seek medical treatment for a recently disclosed disability. The California woman was fired after revealing her disability and request for treatment.
The Los Angeles branch of the EEOC has charged Time-Warner with violating federal discrimination laws and failing to accommodate an employee disability. The employee was initially granted time off to seek treatment for her disability, but the company failed to provide additional unpaid leave time to her to continue to seek medical treatment. She was fired days after revealing her disability to the company.
This type of conduct violates the Americans with Disabilities Act of 1990. The EEOC seeks back pay, as well as compensatory and punitive damages for the employee. The suit also seeks injunctive damages as a deterrent from future discrimination by the employer. It is the responsibility of an employer to offer reasonable accommodations to an employee, as per current federal law.
This type of medical time off is protected by the Family Medical Leave Act. Also, as per ADA guidelines, an employee cannot be fired when he or she reveals a disability. The employer must offer reasonable accommodations in order for the employee to continue to be able to hold their job. The California lawsuit can offer hope to others who may be victims of employment discrimination. An experienced employment law attorney can offer help when filing a discrimination claim against an employer.
Source: jdsupra.com, “EEOC Sues Time Warner Cable & Charter Communications for Firing an Employee With a Disability“, July 7, 2017