Disability Discrimination - University Fires Lecturer When She Discloses Need for Liver Transplant

A long-term lecturer at a Texas university was terminated after she disclosed that she had end-stage liver disease and required a liver transplant.  This wrongful termination has provoked the filing of a disability discrimination suit.

Cynthia Clark had been a lecturer at the University of Texas-Arlington (UTA) since 2001 and was very well-regarded: she twice received the College of Liberal Arts' Adjunct Teaching Award.  She was diagnosed with end-stage liver disease in summer 2014. She continued teaching through October before having to take a leave of absence because of a hospitalization. She was ready to return to work in January 2015 and did, although she was demoted and her pay reduced.  She was terminated the following August, not long before the start of the Fall semester.  

You can read more about Clark's suit in the Ft. Worth Star-Telegram, Former UTA Lecturer With End-Stage Liver Disease Files Suit for $10 Million and read a copy of her complaint

Although Clark filed her suit in Texas state court and under Texas law, it remains helpful, since Clark's medical condition -- end stage liver disease -- would qualify as a covered "disability" under both the Americans With Disabilities Act (ADA), and its Kentucky state law counterpart, the Kentucky Civil Rights Act. 

The coverage of the ADA and of Kentucky law against disability discrimination is discussed on the following: 

When Is a Disability Covered by the ADA?

Is Reassignment A Reasonable Accommodation For a Disability?

Are you protected by the ADA if you have cancer?

Lexington, Kentucky ADA and disability discrimination lawyer Robert Abell represents individuals and employees in disability discrimination suits; contact him at 859-254-7076. 

 

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