EEOC Alleges Employer Violated ADA after Firing Employee with Cancer

August 16, 2016

The Equal Employment Opportunity Commission (EEOC) has filed a lawsuit against a real estate company asserting that the Company violated the Americans with Disabilities Act (ADA) when it refused to provide a reasonable accommodation to an employee with breast cancer and fired her instead. The Employee requested and was granted leave under the Family and Medical Leave Act (FMLA) for breast cancer treatment. Before the expiration of her FMLA leave, the Employee requested to return to work on a part-time schedule as a reasonable accommodation for her disability. The Company failed to let the employee work part-time and refused to discuss or provide any other reasonable accommodation that would permit her to remain employed. Instead, the Company fired the Employee, according to the complaint. Employers are encouraged to ensure their policies and practices are compliant with both ADA and FMLA.