The EEOC is suing Dialysis Clinic Inc., (DCI) in Sacramento, alleging that a nurse who had worked there for 14 years experienced discrimination after developing breast cancer.
Following her diagnosis, the nurse took approved leave to receive chemotherapy and undergo mastectomy surgery.
Her recovery seemed to be going well and it appeared she would be able to return to work without restrictions in about two months. But then DCI informed her she was being terminated for exceeding the company’s maximum leave.
DCI did invite her to apply for open positions once she was able to work without restrictions. She applied for several positions including her old job, but was turned down. DCI then hired a nurse just out of nursing school to fill the woman’s old position.
She filed an EEOC complaint claiming DCI violated the ADA when it terminated and refused to rehire her.