If you are dealing with a serious illness and need to request medical leave from work, the last thing on your mind should be worrying about losing your job. In fact, if your boss fires you because you have requested medical leave, you likely have an employment claim against your employer. Just last week, a judge signed a consent decree which allowed Direct Wines to pay $50,000 to end a disability discrimination lawsuit filed by the Equal Employment and Opportunity Commission (EEOC). The lawsuit alleged that the employer had violated the federal Americans with Disabilities Act (ADA) by refusing to accommodate an employee who requested leave during a busier season for her heart surgery.

The ADA applies to employers with 15 or more employees. Under this Act, an employer cannot discriminate against an employee or applicant because he or she had a history of a disability (such as cancer) or because he or she is believed to have a physical or mental impairment. In addition, your boss is required to provide you with a reasonable accommodation for your disability. Your boss is only excused from this requirement if the accommodation would be an undue hardship on him/her. An ‘undue hardship’ is something that would be a substantial expense to the employer. However, an employer cannot refuse an accommodation simply because it involves some cost.

In addition, the ADA protects workers from being discriminated against because of their relationship with someone who has a disability. This means that it would be illegal for your boss to discriminate against you because your spouse has a disability. If you believe you have wrongfully been denied medical leave, get help now. You can reach us at 1-888-204-1014 for a free consultation. You can also visit us at www.discriminationattorney.com to learn more.