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Sacramento Employment Law Blog

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Did CBS violate the Americans with Disabilities Act?


When an employee is penalized, put on leave or fired for a medical condition, they may be victims of employment law violations. Employers have a duty to treat their workers fairly, and cannot engage in discriminatory practices. If an employer tries to mistreat an employee based on their age, sex, ethnicity or health status, that person may choose to file a lawsuit based on a violation of employee rights.

Recently, actress Jennifer Esposito publicly expressed her disappointment in the way she was treated by CBS. The 39-year-old woman appears on the network’s show “Blue Bloods” and was put on an unpaid leave of absence after she experienced complications from celiac disease, which is an autoimmune disorder that often causes fatigue. Some believe that the network’s decision is a violation of the Americans with Disabilities Act.

Under this act, employers are prohibited from discriminating against an employee based on his or her disability. They are required to make reasonable accommodations for the worker when possible. By putting her on an unpaid leave of absence, it may be argued that CBS failed to make reasonable accommodations for the actress so that she could continue working. Esposito also claims that the network failed to take her doctor’s concerns about her health seriously, and she ended up collapsing on set.

If Esposito chooses to pursue legal action against CBS, it may present a unique challenge. On one hand, simply reducing her work schedule could be a sufficient solution for her. On the other hand, she plays a major role on the show and therefore, it may not be realistic to expect the writers, camera crews and other actors to work around one person’s limited schedule.

Currently, there has been no formal claim filed at the Equal Employment Opportunity Commission. The actress has publicized her concerns, however, and based on the response, Esposito may choose to pursue a claim against CBS.

It can be a difficult decision to take legal action against an employer. These days, employees may be so fearful of losing a job or filing a complaint that they decide to try and ignore the unfair treatment and assume they cannot do anything about it. While it can certainly be a big decision, it does not have to be one that is made alone. Legal support and resources are in place for employees who believe they have been victims of discrimination.

Source: The Hollywood Reporter, “Does Sidelined ‘Blue Bloods’ Star Jennifer Esposito Have a Case Against CBS?” Eriq Gardner, Oct. 24, 2012

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