In December 2013, the EEOC brought this suit against Children's Hospital and Research Center in the U.S. District Court for the Northern District of California, under title I of the Americans with Disabilities Act of 1990. In this case, an employee of the Children's Hospital and Research Center suffered breast cancer and could not perform the daily tasks of caring for herself because she was weakened from her impairment and its treatment.

The plaintiff initially took a two month medical leave of absence in January 2012 and sought to extend the medical leave three times to undergo treatment for her disability, including a double mastectomy, reconstruction surgery for each breast and removal of her fallopian tubes, ovaries and uterus. In July 2012, the hospital rejected her doctor's medical certification which stated that the employee was still recuperating from surgery but could return to work in September 2012. The hospital denied any further medical leave and fired her as an office assistant because they thought that she would not be able to return to work by September 2012. The EEOC requested (a) a permanent injunction enjoining Children's Hospital and Research Center from terminating the employment because of a disability, and engaging in other employment practices which discriminate against an employee on the basis of disability; (b) an order for Children's Hospital and Research Center to institute and carry out policies, practices and programs which prohibit discrimination; (c) an order for Children's Hospital and Research Center to provide backpay and compensation to the discharged employee; and (d) punitive damages.

The case is ongoing.

Kowa Takata - 10/15/2014


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