Philadelphia Woman Said She Was Fired for Taking Time Off to Donate Kidney to Son


Foreman said Rendon's surgery and medical complications could possibly be covered under the federal Americans With Disabilities Act or under Pennsylvania's disabilities law. The Pennsylvania Human Relations Act applies to all public and private employers in Pennsylvania with four or more employees.

"The issue is whether her surgery and complications would constitute a physical impairment substantially limiting a major life activity. That is basically the legal definition from these laws," said Foreman.

If it's determined that it does, the employer would have to provide "reasonable accommodation" requiring an examination of how keeping the position open could harm the company's business.

Ellen Dannin, law professor at Penn State University, said the Americans With Disabilities Act encourages negotiation between an employer and employee to see how they can accommodate a disability, such as allowing an employee to work part-time.

Foreman said the law could apply even if an employee chose to ride a bike without a helmet and sustained a serious head injury.

"Assuming my head injury constitutes a physical impairment substantially limiting a major life activity, I am covered under these law even though my injury was due to my voluntary activity," Foreman said.

Rendon said she is hoping to find legal representation, because she doesn't believe her company replaced her for business reasons.

"I gave them my best my all," she said. "I don't know why they would do this."

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