Once again, the EEOC has gone after a nursing and rehabilitation center for disability discrimination, this time in North Carolina.  We predicted on October 1st that the EEOC would be targeting the health care industry for violating the ADA, and our prediction has been coming true.   Employers be warned!

This new complaint alleges that a woman hired as a cook was later diagnosed with breast cancer. She informed her supervisor of her diagnosis, and was required to take 4 to 6 weeks of medical leave so that she could undergo surgery.  Her doctor later submitted a note that she needed to take an additional month’s leave due to her medical condition, but she was denied this additional leave and was terminated for failing to report to work.

An EEOC attorney stated that "Although it has been more than 20 years since the passage of the ADA, employers still need to be reminded that employees with disabilities are entitled to reasonable accommodations which do not pose an undue hardship."