A boss who allegedly asked a subordinate to choose between her job and her daughter will now have to explain his remarks to a jury.
A receptionist working for 878 Education, took time off work to deal with her infant daughter’s severe lung disease. According to her complaint, her boss at the private, for-profit college in New York City asked, “So, what is it, your job or your daughter?”
She was later fired after returning from tending to her child’s illness.
The receptionist filed a complaint under provisions of the ADA that prohibit discrimination based on association with a disabled person.
878 Education moved to have the lawsuit dismissed, but the federal judge hearing the case refused. If the plaintiff can prove the man knew the child was disabled and discriminated against the receptionist because of it, a jury will likely side with her.