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Company accused of disability discrimination

Florida employees may be interested to learn about a lawsuit that was filed by the U.S. Equal Employment Opportunity Commission that stated that a disabled employee was discriminated against by a Mississippi home care company. The EEOC claimed that the discrimination occurred after the employee underwent a liver transplant in July 2012.

The employee reportedly requested additional leave after her transplant so that she could recover. However, the company denied her request even though the employee stated that she had the amount of leave she requested available. She then stated that the company fired her when the leave time that had been approved was finished. After filing the discrimination charge, she then stated that the company refused to hire her for an open social worker position.

A district director for the EEOC stated that the Americans with Disabilities Act and Family and Medical Leave Act are independent of each other. This means that employees who have exhausted the FMLA leave that they are entitled to may potentially be entitled to additional leave under the ADA. The employer must work with the employee to determine if additional leave under the ADA is warranted given the circumstances.

Employees who become disabled following a life-altering surgery or medical procedure may be entitled to more leave under the ADA. If they are punished for requesting additional leave, they may seek workplace disability discrimination law firm help. An attorney may assist with gathering the paperwork and any evidence that provides proof that the employee was discriminated against due to the disability. The employee may potentially seek compensation for being wrongfully terminated and for the wages that would have been earned after returning to work.

Source: Clarion-Ledger, "Mississippi lawsuit alleges disability discrimination", Sarah Fowler, Feb. 7, 2017

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