Working with the Equal Employment Opportunity Commission, a former library services director has filed a lawsuit against her employer after being fired in alleged violation of the Americans with Disabilities Act and age discrimination laws. After working at a county library district for seven years, she was diagnosed with cancer and had to be hospitalized after undergoing surgery.
She intermittently took approved leave from her job under the Family and Medical Leave Act. However, she was then demoted and offered a lower position. She refused to accept the demotion and was terminated. She was replaced by a much younger employee.
Was this woman fired because of her inability to manage her employees or take direction from her supervisors? This is what her employer stated. However, she had always received positive evaluations that contained no indication of any such problems.
The employer also said that they wanted to move in a different direction. However, it seems peculiar that this came at a time when their employee was suffering with a disability, and was in need of medical care and necessary time off.
The ADA specifically prohibits disability discrimination against individuals in their employment and is meant to protect employees from exactly this kind of treatment when they are suffering from a disability.
Did this employee suffer a wrongful termination at the hands of her employer? This will be the subject of this employment discrimination lawsuit.
Though this lawsuit is not taking place in Wisconsin, it certainly could arise in this state any time should a disabled employee discover that his or her employer is not complying with the ADA.
Source: Santa Rosa’s Press Gazette, “Former county employee sues, alleges age discrimination,” Bill Gambin, July 3, 2012