Boss refused to give woman time off to get a new kidney

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No. The employer lost. The court said a jury should determine whether the woman endured a hostile work environment because of her kidney-related disability.

The judge observed that the worker was dismissed right after she came back after her kidney transplant. The short time frame between her return and her termination was potential evidence of bias.

The court was incredulous in noting that the woman’s manager refused to let her take a blood test, which delayed her eligibility for a kidney transplant. And the judge was perturbed by the fact that the woman’s manager refused to let her take time off when she became eligible for the lifesaving procedure.

The obvious animosity displayed by the manager toward the health needs of the woman was ample proof of a hostile workplace.

What it means to you: Never deny lifesaving treatment. Of course you wouldn’t deny time off to a staffer who needed a lifesaving transplant, but keep in mind that judges pay a lot of attention to the manner in which employers handle their disabled crew members.

Courts expect managers to be supportive of disabled staffers and to work with them to help resolve their physical problems. Any actions taken by an employer to deny lifesaving treatment to a disabled crew member will be viewed unfavorably by every judge in the U.S.

Based on Methavichit v. Follenweider.

(From the Feb. 18, 2022, issue of HR Manager's Legal Alert for Supervisors. To start your no-obligation trial subscription to the publication right now,?please click?here .)

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