Medical Practice Failed to Reasonably Accommodate an Employee
With Breast Cancer, Federal Agency Says
WASHINGTON – National Spine & Pain Centers, LLC, a Rockville, Md.-based medical practice with over 60 offices in the Mid-Atlantic and Northeast, violated federal law when it denied leave to an employee with a disability and fired her instead, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit it filed today.
According to the EEOC's suit, National Spine & Pain Centers denied leave to a patient services coordinator who had breast cancer. The EEOC alleges that the employee notified the company that she had been diagnosed with breast cancer and would require accommodations related to treatment and surgery. The EEOC contends that National Spine and Pain Centers failed to provide an accommodation and instead discharged her.
Such alleged conduct violates the Americans with Disabilities Act (ADA), which requires employers to provide reasonable accommodations to employees with disabilities and prohibits employers from making employment decisions based on an individual's disability. The EEOC filed suit (Civil Action No. 8:20-CV-00065) in U.S. District Court for the District of Maryland after first attempting to reach a pre-litigation settlement through its voluntary conciliation process. The EEOC is seeking back pay, front pay, and compensatory and punitive damages for the employee, as well as injunctive relief to prevent future discrimination.
“This company could have worked with the employee as she went through treatment and surgery for her breast cancer as a reasonable accommodation under the ADA,” said Debra M. Lawrence, regional attorney for the EEOC’s Philadelphia District Office. “When employers fail to make a good-faith effort to do this, they violate federal law and are risking litigation.”
Mindy E. Weinstein, acting director of the EEOC’s Washington Field Office, where the case was investigated, said, “People with disabilities sometimes need flexibility to help them cope with serious medical conditions. Employers have an obligation to provide reasonable accommodations, such as a modified work schedule, unless doing so would result in undue hardship. The EEOC will continue to vigorously enforce the ADA.”
The EEOC advances opportunity in the workplace by enforcing federal laws prohibiting employment discrimination. More information is available at www.eeoc.gov. Stay connected with the latest EEOC news by subscribing to our email updates.
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