Breast cancer patient fired for requesting temporary accommodation during treatment
Waging a war against a major illness is one of the most challenging experiences anyone can face. The emotional, physical, and mental toll it takes can be overwhelming. At the heart of this struggle lies an issue that makes this battle even more daunting: the fear of losing one’s livelihood. Fortunately, laws like the Americans with Disabilities Act (ADA) are in place to ensure that women battling major illnesses have one less thing to worry about – job security.
The ADA unequivocally protects employees by prohibiting discrimination based on disability. It ensures women struggling with significant health conditions, like breast cancer, have the right to request reasonable accommodations that would allow them to continue performing their job efficiently and effectively. Fear of demotion, termination, or discrimination should never add to the immense stress these women face while battling for their lives.
A recent case underscores the importance of this protection. A surgical sales coordinator at Mia Aesthetics, battling breast cancer, requested telework as a reasonable accommodation while undergoing chemotherapy treatments. Telework would not have hindered the coordination role, and the employee provided medical documentation in support. However, the company denied this request and instead offered a part-time front desk role, resulting in decreased earnings and increased person-to-person contact. When the employee did not accept this role, her employment was terminated.
Mia Aesthetic’s actions were deemed a clear violation of the ADA. The law states that firing an employee because of a disability is discriminatory, which was the case here. The ADA also requires employers to perform an individualized assessment to determine if an employee can execute their roles with suitable accommodations.
The justice system stepped in to protect the employee’s rights, filing a lawsuit against Mia Aesthetics. This case is a potent reminder that no woman should have to worry about losing her job while she’s fighting for her life.
In light of the challenges faced by employees dealing with discrimination linked to their health conditions, it is crucial for those affected to know their rights and seek appropriate support. Anyone who has experienced such discrimination is strongly encouraged to contact an employment law attorney. These legal professionals can provide invaluable guidance, helping victims understand the complexities of their situation and navigate the legal landscape to secure the protections afforded to them under the law. Taking action not only empowers individuals to advocate for themselves but also contributes to a broader movement against discrimination in the workplace.
