Wednesday, June 20, 2012

EEOC Gets $160K Settlement in Breast Cancer Accommodation/Termination Case

See this press release, which begins:
Johns Hopkins Home Care Group, Inc. (JHHCG), a full-service home health care provider, will pay $160,000 and provide other relief to settle an Americans with Disabilities Act (ADA) lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC). In its lawsuit, the EEOC alleged that JHHCG violated the ADA when it discriminated against an employee because of her disability, failed to provide her with a reasonable accommodation for her disability, and retaliated against her for bringing her claims to the EEOC. 
According to the EEOC’s suit (Case No. 11-cv-01911-WDQ), filed in U.S. District Court for the District of Maryland, Northern Division, JHHCG had employed Ray Ellen Fisher, a registered nurse, as a pediatric case manager since 2003. Fisher was diagnosed with breast cancer in September 2009, and her medical treatment required that she take leave shortly thereafter. Following Fisher’s period of leave, when she was cleared to return to work, JHHCG failed to provide her with a reasonable accommodation that would have allowed her to return to work despite her limited restrictions – restrictions that were progressively phased out. After JHHCG failed to reasonably accommodate her, Fisher filed a discrimination charge with the EEOC and she was then subjected to retaliatory adverse employment actions and terminated.

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