Cancer diagnosis no reason to pull job offer according to EEOC

The EEOC filed a lawsuit towards Atlantic Properties Administration Company (and its associates), a property administration firm in Boston for failing to supply affordable lodging for a brand new rent who was recognized with most cancers.

The EEOC contends that this alleged conduct violates the Individuals with Disabilities Act (ADA), prohibiting discrimination based mostly on a incapacity. When the corporate withdrew the job provide, the EEOC alleges that habits was retaliation. Right here’s what we all know. 

EEOC believes the corporate violated federal legislation

In line with the EEOC’s lawsuit, a person utilized to be an administrative assistant to the president and vice chairman of the corporate. The corporate provided her the job. After the job provide was made, she was recognized with a type of breast most cancers. Her physician confirmed that she might nonetheless carry out the duties of her job, however she would wish restricted time without work for weekly remedy. When she notified the corporate of her want for lodging, the president withdrew the job provide with out dialogue. 

Lawsuit filed in U.S. District Courtroom for the District of Massachusetts

The EEOC filed a lawsuit alleging discrimination and retaliation. The ADA requires employers to interact in dialogue to seek out affordable lodging for individuals with certified disabilities. Jeffrey Burstein, the EEOC’s regional lawyer for the New York District Workplace, mentioned, “This litigation is a textbook instance of how the ADA was created to guard employees at a degree of deep vulnerability, and it ought to present a pointy reminder to employers of the significance of refraining from streotypical assumptions and pursuing the required interactive course of.” The EEOC is looking for financial reduction, within the type of again pay and compensatory and punitive damages. 

The takeaway 

Employers ought to pay attention to how most cancers impacts staff and be ready to barter for affordable lodging whereas employees are going by remedy. Affordable lodging may be totally different for various kinds of jobs.

The EEOC has a guide for employers about what they will and can’t ask job candidates or staff about their most cancers prognosis when approaching their employer for lodging. This can be a reminder to not assume something about an worker who has most cancers and to enter the interactive course of for lodging with an open thoughts.