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Multimedia

Fox31: Problem Solvers: Grandmother says she was fired for breast cancer diagnosis

Rob Low - December 2015

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When Laura Garcia was diagnosed with breast cancer in October, she scheduled her double mastectomy. Her doctors informed her she would need a two-month recovery period, but upon asking her employer for a leave of absence, she was told she would either have to resign or be terminated since she'd only been there for six months.

Garcia was stunned by the response. Her employer stated if they made an exception for her, they'd have to make it for everyone. Garcia couldn't believe this was legal and followed up. Denver employment attorney, Paula Griesen, confirmed that Family Medical Leave Act does not apply to employees of less than 12 months, but the Americans with Disabilities Act does, and Garcia's time off for breast cancer would be a 'reasonable accommodation' under that law.

After being confronted with their potentially illegal decision to fire Garcia, the company maintained that the information had  not been communicated clearly and they sincerely apologized.

For the full story and video, click here.


Original source: kdvr.com


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