The EEOC alleges that Charging Party, a registered nurse, was employed as a pedi

Question

The EEOC alleges that Charging Party, a registered nurse, was employed as a pediatric case manager with Defendant when she was diagnosed with breast cancer in 2009. Defendant, a full-service home health care provider, refused to provide Charging Party with reasonable accommodations, despite her being released by her doctors to return to work. Charging Party filed an EEOC charge against Defendant for its failure to accommodate her, and Defendant subjected her to adverse employment actions, including discharging her, due to her disability and in retaliation for her filing a charge.

1. Is the EEOC charging disparate impact or disparate treatment? Defend your answer.

2. Under which law in Chapter 3 can the plaintiff file a lawsuit and why?

Explanation / Answer

1. The EEOC is charging disparate treatment as the decision of discrimination against the plaintiff is due to her protected status (disability) only and this act of discrimination is known to the defendant.

2. Plaintiff can file a suit under rehabilitation act of 1973 under chapter 3.

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