Palm Beach Jury awards $8.1 million to fired cancer victim
As an employment law attorney, daily I fight for the rights of employees and against companies that violate Federal Equal Employment Opportunity (EEO) Laws. It is unfortunate that most employees do not understand their rights.
The U.S. Equal Employment Opportunity Commission (EEOC) enforces federal laws that prohibit job discrimination. A few federal laws that Prohibit Job Discrimination includes the following:
• Title VII of the Civil Rights Act of 1964 (Title VII), which prohibits employment discrimination based on race, color, religion, sex, or national origin;
• The Equal Pay Act of 1963 (EPA), which protects men and women who perform substantially equal work in the same establishment from sex-based wage discrimination;
• The Age Discrimination in Employment Act of 1967 (ADEA), which protects individuals who are 40 years of age or older;
• Title I and Title V of the Americans with Disabilities Act of 1990, as amended (ADA), which prohibit employment discrimination against qualified individuals with disabilities in the private sector, and in state and local governments
In a recent Palm Beach County trial on employee disability discrimination, a jury awarded $8.1 million to a Delray Beach cancer victim who was fired by national retailer, Michaels Arts & Crafts. Can you believe that a national retailer with over 1000 stores nationwide could do something so outrageous?
According to the Palm Beach Post, the 47-year-old cancer Survivor had a double mastectomy in August 2008. Her boss at the Michaels Arts & Crafts store in Boca Raton repeatedly harassed her. Fearing that she would lose her job, she came back to work sooner than later. Her boss badgered her because of medical requests for time off. Despite complaining to HR and Corporate about her intolerable and insensitive boss, she was fired in October 2008, three months after her surgery.
The Jury cited with the employee that Michael’s Arts & Crafts acted with "malice and reckless indifference," and awarded $8.1 million for pain and suffering. It is great to know that there is hope for employees.
I applaud the Justice system and the efforts the attorneys that handled the case. I am thankful that justice prevailed and Michael’s Corporation was held responsible for their overreaching regional managers and supervisors.
A supervisor, boss, or employer may be in violation of Federal laws for one or more of the following:
• Demanding that an employee returns to work after a serious illness or surgical
procedure
• Threatening to terminate or demote an employee if the employee fails to return to work
• Terminating or demoting an employee that returns to work after recovering from an
illness
If your employer tries to harass or intimidate you prior to or after a major life threatening illness, seek legal counsel of an Employment Law Attorney for a determination of your legal rights.
Click on the following link to read more from the Palm Beach Post on the $8.1 million verdict for the fired cancer victim in Palm Beach County.
Brian F. LaBovick, Esq.
Esther Uria LaBovick, Esq.
Mark R. Hanson, Esq.
Joseph R. Fields Jr., Esq.
Marcie Dodson, J.D.