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Caregiver Leave: Was This Firing Disability Discrimination?

February 14, 2013
Source: Business Management

Believing that the real reason for her termination was the need for time off to care for her ill husband, Mindy filed a disability-discrimination lawsuit. A refusal to grant time off as an accommodation for the disability of an employee’s family member will only pass muster for employers too small to be covered by the FMLA or employees who did not work long enough to be eligible for FMLA leave. The court concluded that Valega’s Professional Home Cleaning was too small to be covered by the FMLA, and dismissed Mindy’s FMLA claim. The court dismissed her [ADA] claims, concluding that employers are not required to provide reasonable accom¬¬modations to employees associated to those with a disability. (Adams v. Valega’s Professional Home Cleaning, No. 12-644, N.D. Ohio, 2012)

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