Q: CAN an employee be legally fired for job abandonment due to absence caused by an illness? Should the employer provide the employee with reasonable accommodations?
A: California’s Fair Employment and Housing Act prohibits discrimination based on disability or medical condition. This law applies to employers with 5 or more employees. These employers may not terminate or discriminate against employees in compensation or other conditions of employment based on the employee’s disability or medical condition.
An employee suffering from a disability or medical condition, even for a short term, is entitled to reasonable accommodation. Allowing temporary leave may constitute reasonable accommodation.
But what if the employer claims it was not notified that the employee’s absence was due to a disability or medical condition, and the employee did not show up to work for a few days? Can the employer terminate the employee? A recent verdict illustrates a Los Angeles jury’s compelling response to this misconduct:
April Rodriguez worked as a customer service representative for Valley Vista Services, Inc. She was absent for three days due to panic attacks. Her doctor certified that she had indeed such attacks. Rodriguez was subsequently terminated from her work.
Rodriguez filed a lawsuit alleging that her employer discriminated against her on the basis of her mental disability (panic attacks). Her employer countered that there was no discrimination and that Rodriguez was terminated because she was absent from work without calling the office and informing them why she was absent. Hence, they alleged that she abandoned her job.
During several days of trial, the jury was faced with this basic question: Was Rodriguez terminated for legitimate business reasons (i.e, she was absent for three days and failed to call in to work) or because of a mental disability. After hearing the evidence, the jury seems to have found that the employer was, indeed, motivated by disability discrimination and that this discrimination was a “substantial factor” in her firing.
The jury awarded Rodriguez $21.7 million in damages, which includes $528,185 in lost wages and $4,700,000 in emotional distress. The seriousness of the employer’s disability discrimination was reflected in the jury’s additional award of $16.5 million in punitive damages.
The obligation to make reasonable accommodations is intended to remove barriers to equal opportunities for disabled individuals. Employers must, therefore, remain sensitive to their employees’ rights and must not deny persons employment opportunities because of their disability or medical condition.
* * *
C. Joe Sayas, Jr., Esq. is an experienced trial attorney who has successfully obtained significant results, including several million dollar recoveries for consumers against insurance companies and big business. He is a member of the Million Dollar-Advocates Forum—a prestigious group of trial lawyers whose membership is limited to those who have demonstrated exceptional skill, experience and excellence in advocacy. He has been featured in the cover of Los Angeles Daily Journal’s Verdicts and Settlements for his professional accomplishments and recipient of numerous awards from community and media organizations. His litigation practice concentrates in the following areas: serious personal injuries, wrongful death, insurance claims, unfair business practices, wage and hour (overtime) litigation. You can visit his website at www.joesayas law.com or contact his office by telephone at (818) 291-0088.
