Attorney James Sabatini has filed a FMLA and disability discrimination lawsuit on behalf of his client in Connecticut federal court. The client had taken a FMLA qualifying leave of absence from her job. The health condition that caused her to take a medical leave of absence also qualified as a disability under the Americans with Disabilities Act Amendments Act of 2008 (ADAAA). Consequently, the leave of absence also qualified as a reasonable accommodation under the ADAAA. Upon her return from leave, the client's supervisor was issued a negative job evaluation. For the previous year, the same supervisor, issued a positive job evaluation. The supervisor was critical of the plaintiff for certain problems and issues that arose during the client's medical leave of absence. Th client was unable to address the issues and problems because she was out on her medical leave. Notwithstanding the same, the employer penalized her for taking the medical leave of absence. It is illegal for an employer to penalize an employee for taking a medical leave of absence under the FMLA or a medical leave of absence protected as a reasonable accommodation under the ADAAA. The employer then fired the client. To date, the client's former employer has refused to acknowledged that it violated the law and wrongfully terminated the client's employment. The employer's refusal to accept responsibility has resulted in the filing of the lawsuit.
