According to the EEOC's lawsuit, Charlesetta Jennings was diagnosed with breast cancer in July 2008, and received treatment for the cancer which included the removal of some lymph nodes. At the time of her diagnosis, Jennings worked for Womble Carlyle as a support services assistant, a position that required her to perform copying, scanning and other duties in the law firm's copy rooms. The EEOC's suit charged that in or about November 2009, Jennings developed lymphedema - a physical impairment caused by cancer treatment where the lymphatic system is damaged and/or lymph nodes are removed. The condition substantially limits a person's circulatory and/or immune system.
In June 2010, Jennings' lymphedema was exacerbated by lifting boxes, and she suffered swelling in her shoulder, neck, arm, thumb and finger. At this time, Jennings provided Womble Carlyle with a doctor's note which stated that she was unable to lift more than 10 pounds because of her history of breast cancer and risk of lymphedema. However, the EEOC said, Jennings was able to perform the essential functions of her job. Nevertheless, Womble Carlyle expressed concerns that Jennings could not do her job based on the lifting restriction. On or about Feb. 1, 2011, Jennings provided a follow-up doctor's note stating she could lift up to 20 pounds. Instead of providing Jennings with a reasonable accommodation, Womble Carlyle informed Jennings that she could not work until her doctor completely withdrew the lifting restriction. Womble Carlyle placed Jennings on disability leave on or about Feb. 10, 2011, and fired her on or about Aug. 9 of that year.
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Source: EEOC
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educational and should not be considered legal advice on any specific matter.
