Plastic Surgery Provider Violated ADA After Firing an Employee Who Was Diagnosed With Cancer, Says EEOC in New Lawsuit
The U.S. Equal Employment Opportunity Commission has filed a discrimination lawsuit against Florida-based company, Mia Aesthetics Services ATL, LLC, and Mia Aesthetic Services, LLC.
This cosmetic surgery provider has offices in 11 states and offers plastic surgery services, including popular Brazilian butt lifts (BBLs), breast augmentation, liposuction, and more. The company touts itself as offering affordable surgery options for those looking to enhance their appearance.
The lawsuit, which was filed in Atlanta, Georgia, on July 31, 2024, argues that the company violated the Americans with Disabilities Act (ADA) after it discriminated against a surgical sales coordinator who was diagnosed with breast cancer.
After receiving her diagnosis, the woman, who is not named by the EEOC, requested to work remotely for about three months while she underwent chemotherapy treatments. According to the company, in-person attendance was not an essential requirement of her job duties, and she would still be able to fulfill her duty as a sales coordinator. Despite this, Mia Aesthetics refused to approve the worker's telework request.
Instead, the company offered the woman what has been described as an ineffective “accommodation” as a part-time front desk staff member. This position would have decreased her earnings as compared to her role as a sales coordinator. When the woman declined to accept the part-time position, she was subsequently fired from her role as a surgical sales coordinator. Shortly after the woman was fired, Mia Aesthetics hired a new worker to fill the role, which had now become a “fully remote surgical sales coordinator.”
Under the ADA, employers are prohibited from discriminating against employees and others because of a disability. The law has guidelines on how employers can and cannot handle situations where an employee is facing a short or long-term disability. One of the guidelines requires employers to provide reasonable accommodations to satisfy an employee's needs as it relates to their disability. Failure to provide adequate accommodations can result in fines and penalties.
Marcus G. Keegan, regional attorney for the EEOC’s Atlanta District Office, explained that the “ADA prohibits firing an employee because of a disability,” adding that “Mia Aesthetics violated the ADA when it callously discharged an employee undergoing chemotherapy treatments instead of granting her request for a defined period of telework as a reasonable accommodation, which would have allowed her to perform the essential functions of her position.”
Darrell Graham, district director of the EEOC’s Atlanta District Office, added, “Employees have a right to be evaluated based on their ability to perform the essential functions of their job. Employers must conduct an individualized assessment to determine whether an employee can perform these essential functions with reasonable accommodation. The EEOC is committed to protecting the rights of employees with disabilities.”
