Caregiver leave: Was this firing disability discrimination? — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily

Caregiver leave: Was this firing disability discrimination?

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in Firing,FMLA Guidelines,Human Resources

A little more than year after Mindy began working at Valega’s Pro­­fessional Home Cleaning in Medina, her husband was diagnosed with cancer. One week after Valega’s approved Mindy’s FMLA leave, it fired her for insubordination, based on statements from customers and co-workers that she had been dis­respectful, exhibited a poor attitude and failed to perform her job properly.

Believing that the real reason for her termination was the need for time off to care for her ill husband, Mindy filed a disability-discrimination lawsuit.

The court dismissed her claims, concluding that employers are not required to provide reasonable accom­­modations to employees associated to those with a disability. (Adams v. Valega’s Professional Home Cleaning, No. 12-644, N.D. Ohio, 2012)

No association protection?

In addition to protecting disabled employees, the ADA also protects employees from discrimination based on the “known disability of an i...(register to read more)

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