Workers Returning From Medical Leave Can End Up Being Victims of Discrimination

Under both California and federal law, employees have a right to leave from work, to attend to their own, or to family medical issues, problems, or emergencies (which also includes childbirth, and post-childbirth care). And often, employers abide by these laws, understanding that there can be penalties for violating a worker’s medical leave act rights.

But what some employers do, as is highlighted by a recent case brought by the Equal Employment Opportunity Commission (EEOC), is violate an employee’s rights once he or she returns to work.

From Medical Leave to the ADA

Most employees coming back to work after taking medical leave, may have lingering or ongoing medical problems or issues, which were likely the cause for needing the leave in the first place.

These employees legally convert from protection under the California and Federal Medical Leave Acts, into being protected by the Americans With Disabilities Act (ADA), if in fact they return to work with the same condition they took the leave for in the first place.

So, for example, an employee may need medical leave for cancer treatment. The employee may get the treatment, and be in remission, and be healthy enough to work. But the employee still has cancer, and may need accommodations at work under the ADA, because of the illness, even after returning to work.

The EEOC Gets Settlement in ADA Case

In the EEOC case, the employee was a model employee, having even won an employee of the year award.

She was hospitalized, and took leave from work. On her return, her bosses suggested that she would be happier just traveling at her age (she was 78), and they peppered her with questions about how long she intended on continuing to work.

Eventually, the company told her they had “lost confidence” in her ability to do the job because of the prior hospitalization and she was fired, and replaced by an employee who was much younger than she was.

The EEOC found that these comments showed that the woman was being discriminated against based on her disability (the illness that she had been previously hospitalized for), and additionally, that her “suggested” retirement, subsequent firing and replacement by a younger employee, were all evidence of age discrimination.

Although the employee was legally provided leave, on her return, the EEOC alleged, and apparently demonstrated to some extent based on the $78,000 settlement given to the employee, that the employee’s rights under the ADA as well as the Age Discrimination in Employment Act (ADEA), had been violated.

How Are You Treated When You Return?

The moral of this story is that employees returning to work after taking leave for medical issues, should keep an ear open for comments that could demonstrate discrimination. Many employees don’t realize that coming off of medical leave, they may still be afforded protections under the ADA and other employee rights laws.

Contact the San Jose employment lawyers at the Costanzo Law Firm today if you have been a victim of discrimination of any kind at work.

Source:

eeoc.gov/newsroom/covenant-woods-pay-78000-eeoc-discrimination-lawsuit