A Hicksville, New York woman says that she was fired after helping her supervisor move up the list on the national organ donor list to receive a kidney transplant. The woman says in her disability discrimination lawsuit that she suffered complications after donating a kidney.
She asked that her employer, Atlantic Auto Mall accommodate her medical condition. But, she says that her request for a reasonable accommodation was not only denied, but she was fired from her job as an administrative assistant at the West Islip dealership.
The woman says that her supervisor needed a kidney, and the worker agreed to donate one, but the kidney was apparently not a proper match for the supervisor. Nonetheless, the worker donated the organ in her supervisor’s name, which allowed the supervisor to move up on the donor list.
But complications from the procedure caused the woman to need to use the bathroom more frequently. She also could not lift more than ten pounds after the surgery, but was denied a request to accommodate that issue, according to the lawsuit.
The former administrative assistant says that her relationship at work changed after she gave up her kidney. She says that her supervisor reprimanded her for using the restroom to frequently and asking to go home sick after the surgery.
The worker filed a complaint with New York’s Division of Human Rights, which found probable cause that the employer had discriminated against the worker based upon a disability. The worker is now seeking redress in court. She has filed a wrongful termination and disability discrimination lawsuit in federal court in Central Islip.
State and federal laws protect workers from discrimination at work based upon a disability, or based upon a perceived disability. Workers who have suffered an adverse employment action based upon a medical issue may wish to consult with a New York employment law attorney to understand how laws protect workers against employment discrimination.
Source: West Islip Patch, “Woman Sues Atlantic Auto Mall Claiming Wrongful Termination,” Greg Sleter, June 28, 2013