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Failure to Allow Leave For Cancer Treatment May Violate the ADA

According to legal news, Dunkin Donuts has been sued for disability discrimination after it refused to provide medical leave to a woman suffering from cancer. In apparent violation of the law as required by the Americans with Disabilities Act (ADA), the doughnut chain fired the worker. The ADA makes disability discrimination illegal and prohibits discrimination against “qualified individuals with a disability” in the terms and conditions of employment. Further, the ADA requires that your employer make an effort to reasonably accommodate your disability. This often includes allowing workers to take time off or leave in order to attend necessary doctors’ visits. Provisions of the Family and Medical Leave Act (FMLA) and other state laws may come into play as well when a worker suffers an injury or needs treatment for an illness.

In this instance, according to the lawsuit, the woman successfully performed her duties as a regional manager of several Dunkin Donuts stores. She was subsequently diagnosed with breast cancer and requested 4 to 8 weeks unpaid leave for surgery, chemotherapy and radiation. Rather than allowing her to take the requested leave, the company abruptly fired the woman.

A representative of the Equal Employment Opportunities Commission (EEOC) commented,”Granting an employee unpaid leave for needed medical treatment is not only the compassionate thing to do, it is required by federal law unless the employer can show it would pose an undue hardship.”

For more information or if you or a loved one has been denied leave or an accommodation due to an illness or disability, please do not hesitate to contact the dedicated Georgia disability discrimination lawyers at Buckley Bala Wilson Mew LLP for an immediate case evaluation.

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