A breast cancer patient has filed suit against her former employer, a big law firm, Womble Caryle, claiming disability discrimination violating the Americans With Disabilities Act (ADA). Charlessetta Jennings, a former office assistant, was diagnosed with breast cancer and developed lymphedema, a condition brought on by cancer treatment that entails swelling of the body. As a result, her doctor imposed a 10 lb. lifting restriction. The big law firm accomodated her for a while before placing her on disability leave and then, after a few more months, terminating her, claiming that it had no job she could perform consistent with her restrictions.
Source: American Lawyer
A few key points and questions here that arise in nearly every disability discrimination case:
(1) is the employee's condition a "disability" within the meaning of the ADA and its Kentucky state law counterpart. Not everyting considered a disability in everyday life and discussion is a disability covered by these laws, and it can be a question even for cancer as discussed here: Is cancer a disability under the Americans With Disabilities Act (ADA)?
(2) what is a reasonable accommodation if one is necessary? This issue is discussed here: What Can Be a Reasonable Accommodation Under the ADA? The employer's refusal to reach a reasonable accommodation was the subject for a lawsuit where Robert Abell represented a Kroger employee, Christine Snipes; read the complaint in Christine Snipes v. Kroger Company.
Lexington, Kentucky disability discrimination lawyer Robert Abell represents employees and individuals discriminated against on account of their disability; contact him at 859-254-7076.
