A former employee of a car dealership is suing her boss alleging that she discriminated against her in violation of her rights under the Americans with Disabilities Act. As reported in the Daily News, the employee’s boss was one donor away on the transplant list, and the employee donated a kidney so that her boss would move up the list to number one and receive a transplant. After the operation, the employee claims that she had post-operative complications, which required her to ask for temporary work accommodations. They included that she not be required to lift anything heavier than 10 pounds and that she be allowed to use the bathroom as needed without her boss’s permission. The employee claims that her request was rejected and that eventually she was fired. Her boss clams that after the surgery the employee became disruptive and unproductive. The employee is suing for lost pay and damages.
The Americans with Disabilities Act (ADA) ensures that those with disabilities are afforded equal employment opportunities in the workplace. The ADA defines a disability as:
- A physical or mental impairment that substantially limits one or more of the major life activities of an individual;
- A record of such an impairment; or
- Being regarded as having such impairment.
In addition to prohibiting discrimination in connection with job applications, hiring, firing, advancement, compensation, and other terms, conditions and privileges of employment, the ADA, state and local laws require that employers provide a “reasonable accommodation” to employees who require an accommodation inorder to perform the essential functions of their jobs. Additionally, New York State, New York City and local laws prohibiting disability discrimination provide broader protections than the ADA against disability discrimination and perceived disability discrimination.
If you believe that you have experienced discrimination at work because of your disability, you should protect your rights and consult with an attorney.
Nice work and good to know. Thanks!