Illness Discrimination

893 days ago by
2 comments

by: KATIE MARASCO, ESQ.

Should being fired for being sick be legal? A woman is suing her former employer, a law firm, for allegedly firing her soon after she sent off an email notifying some people in the firm that she would be taking a few weeks off in order to undergo cancer treatment. The law firm contends the woman left on her own will and they have done nothing wrong. Whether or not they violated any laws is a question for the courts.

Employment discrimination laws are pretty clear on many issues, but not so on others. It is a definitely a question to be pondered, should sick employees be protected? What if the Employer will be significantly harmed by the employees inability to do his or her job. On the one hand it probably seems morally repugnant to many to throw a sick person out on the streets, possibly taking away their ability to afford healthcare. On the other hand isn’t an employer entitled to hardworking, productive employees who better their business?

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  • Jen

    It would be interesting to know whether this employer and employee qualified under the Family and Medical Leave Act.

    It’s true that the employer does have an interest in continuing its business interests – and we all have an interest in the employer acting in a humane and just way.

  • Jemour Maddux

    Hi Kate,

    Many places of employment have clear policies regarding extended leaves of absence (LOA). A NJ hospital system where I provide forensic psychology services outsourced their management of LOA’s to a company called Matrix. The LOA process is complicated, particularly if you are ill. As Kate mentioned, it’s for a court to answer if there has been a violation of law in these cases. However, the question is still interesting to consider. I’m wondering if the court’s determination would change if the person’s employment was temporarily compromised by a mental disorder that my assessment supported has a favorable prognosis.

    Thanks

    Jemour Maddux

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