Q: I was diagnosed with cancer, and took 10 weeks’ FMLA leave for surgery and recovery. When I returned to work, I was allowed to work part-time for eight weeks as an accommodation under the Americans with Disabilities Act while I underwent chemotherapy and radiation treatment. I was thankful I worked for such an understanding employer. That “understanding” disappeared recently. My manager told me that I would be terminated for failing to meet annual sales goals for the last 12 months, unless I could get my sales numbers up to at least 90% of last years’ level by the end of the fiscal year in October. There is no way I can meet monthly sales goals and make up for about four months’ missed or reduced work. This seems incredibly unfair.
A: We have to give your employer an “A” for recognizing that your situation was covered under both the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA) and giving you the time for treatment and recovery– but your manager gets a great big “F” for threatening to terminate your employment. That is not only unfair, it is illegal retaliation under both ADA and FMLA.
Under the FMLA you were entitled to take up to 12 weeks’ unpaid leave for a serious medical condition (and cancer certainly fits the bill); part-time work is a “reasonable accommodation” under the ADA for an employee who is “disabled.” Under that law, cancer, and treatment for cancer, are viewed as disabilities – and allowing you to work part-time...
; ; ; agreed to pay $17.07 million to settle federal allegations of illegal diversity, equity and inclusion (DEI) hiring practices on Friday, marking the Justice Department's first resolution unde...