Facts

Francisca Lee worked as a nurse for Dialysis Clinic Inc.'s Sacramento Southgate location for 14 years. The U.S. Equal Employment Opportunity Commission brought an action against Dialysis Clinic Inc. under Title I of the Americans with Disabilities Act of 1990 and Title I of the Civil Rights Act of 1991 for allegedly discriminating against Lee.

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed Lee was discriminated by failing to provide her with a reasonable accommodation and discharging her based on her disability (breast cancer), and failing to reinstate/hire her due to her disability. The EEOC contended that Dialysis Clinic violated federal law when it terminated Lee's employment after she took four months medical leave for mastectomy surgery and chemotherapy even though she had been cleared to return to work without restrictions in less than two months. It also allegedly told her she had to reapply for open positions, but when she did, she was rejected and a newly licensed nurse was hired not long after.

DEFENDANT'S CONTENTIONS:
Dialysis Clinic denied it engaged in any unlawful conduct.

Result

The parties settled the case via a consent decree, with Dialysis Clinic agreeing to pay $190,000. It also agreed to revise its policies regarding reasonable accommodation, provide anti-discrimination training to its employees, post notices regarding the lawsuit, and periodically report to the EEOC on its handling of extended medical leave requests.

Other Information

FILING DATE: July 10, 2014.