Oakland Children's Hospital To Pay $300,000 For Firing Employee With Breast Cancer
OAKLAND (CBS SF) -- An Oakland hospital has agreed to pay $300,000 to a former employee who claimed she was wrongfully terminated after she was diagnosed with breast cancer more than three years ago, the Equal Employment Opportunity Commission announced Wednesday.
Imelda Tamayo was hired in March 2009 at the endocrinology department of the Children's Hospital and Research Center Oakland, now UCSF Benioff Children's Hospital Oakland, according to the EEOC.
In December 2011, Tamayo was diagnosed with breast cancer and the hospital granted her a two-month leave to have a double mastectomy.
Tamayo needed more time off work to recover from the surgery but was terminated from her position because her request went over the hospital's six-month policy, EEOC officials said.
She met with the hospital in July 2012 to discuss an extension in her leave but managers said she looked "fragile" and would most likely not return to the job, according to the EEOC.
Tamayo had a doctor's note that stated she could return to work in September 2012, EEOC officials said.
"With this breast cancer, I was devastated by the loss of my job and my health insurance," Tamayo said in a statement. "I am happy that Children's Hospital has changed its policy to allow extended leave for employees suffering from serious medical conditions."
Tamayo's termination violated the Americans with Disabilities Act and in her case an extended leave would have complied with the law, according to the agency.
After attempts to resolve the issue through prelitigation, the EEOC filed a lawsuit against the hospital in U.S. District Court.
As part of a consent decree ordered by U.S. District Judge Edward Chen, the hospital also has to revise on its employee intranet site its policy on accommodating its workers with disabilities, EEOC officials said.
The hospital is also required to provide employees with anti-discrimination training, make periodic reports to the EEOC and post a notice of the decree for the next three years.
In a statement released today, UCSF Benioff Children's Hospital Oakland officials said, "We take employment law obligations seriously and have worked to resolve the complaint to everyone's satisfaction. We believe this has been accomplished in this situation."
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