Radio host with benign tumor loses disability and discrimination suit on appeal
- A Univision radio host in California lost her court case on appeal over questions about her disability, request for medical leave and discrimination claim, HR Daily Advisor reports.
- After being diagnosed with a benign tumor, the claimant missed work or was late nine times, according to the report. She ultimately requested leave under the California Family Rights Act, but was eventually fired. She sued Univision, but later lost on appeal.
- At the center of the case was whether the claimant was disabled. The court held that she could be, but that she had no symptoms relating directly to the tumor that would prevent her from engaging in a life activity, like her job or medical appointments. The radio host claimed her termination was suspicious and therefore discriminatory, but the court found no such intent and sided with her employer.
The appeals court based its decision on nuances in the case over the claimant's disability status, whether her request for leave was timely and whether the employer had deliberately discriminated against her. The court might have ruled in her favor if it had overlooked some of the details in the case, which contradicted her claims in the end.
The radio station had instructed the radio host to arrive at the station an hour before airtime, but she would arrive minutes before she was due on air, according to the HR Daily Advisor. She might have argued that she still could perform the essential functions of her job after arriving late, but that would have run counter to her disability claim.
Univision had given the radio host ample time to correct her behavior, damaging her claim of discriminatory intent. The station had held off her termination until after nine violations. This level of tolerance also unravels her claim of discriminatory intent.