Nationwide health caring provider Dialysis Clinic Inc. is guilty of incapacity taste for banishment and refusing to rehire a helper since her diagnosis for breast cancer was holding too long, a U.S. Equal Employment Opportunity Commission has purported in a lawsuit filed in Sacramento sovereign court.
Francisca Lee had worked during a company’s trickery on East Southgate Drive in south Sacramento for 14 years when she was diagnosed. She took medical leave to have a mastectomy and chemotherapy, according to a agency’s complaint.
Four months later, according to a complaint, a association told Lee by mail that she was being consummated for surpassing a time extent commanded by a medical leave policy
At a time of Lee’s dismissal, she had been privileged by her medicine to lapse to work though restrictions in reduction than dual months, a censure says.
Lee, 71, was told she would have to reapply for an open position, it says. However, when she did request a small some-more than dual months later, she was rejected. Not prolonged after, according to a explain in a complaint, a association hired a newly-licensed nurse.
In a phone talk Friday from a nonprofit corporation’s Tennessee headquarters, Dialysis Clinic mouthpiece Jessica Emler pronounced a association denies a EEOC’s allegations.
“DCI is unapproachable of a record of contracting and creation accommodations for persons with disabilities, both in ubiquitous and in this instance in particular,” she said. “DCI looks brazen to pity a comment of what occurred.
“However, out of honour for a legal process, DCI chooses to share a story in that forum and not in a media.”
Terminating a competent worker since of a incapacity violates a Americans with Disabilities Act. The law also requires an employer to yield reasonable accommodation to an worker or pursuit applicant with a disability, unless doing so would levy an undue hardship on a employer.
The EEOC’s censure alleges that it attempted to solve a Lee matter before filing a fit by conciliation efforts, though to no avail.
“Given a ADA’s mandate, we would titillate employers to be stretchable concerning leave extensions if it causes no undue hardship,” pronounced EEOC San Francisco Regional Attorney William R. Tamayo. “Ms. Lee has over 30 years’ knowledge in dialysis diagnosis and unequivocally wanted to work.”
EEOC San Francisco District Director Michael Baldonado acted this controversial question: “Why scapegoat a profitable worker with a good record over an capricious time limit?”
“Ms. Lee is now operative full time as a helper for another dialysis company,” pronounced EEOC mouthpiece Linda Li. “She loves a work and has no skeleton to stop anytime soon.”
According to DCI’s website ( www.dciinc.org), a association serves patients with modernized kidney illness in some-more than 210 clinics in 27 states, including 3 locations in a Sacramento area.
Call The Bee’s Denny Walsh, (916) 321-1189.