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How can the Patient Advocate Foundation (PAF) assist me with my job discrimination issues?



Patient Advocate Foundation Case Managers are also available to assist you with locating information and advice on employment issues. After reviewing your information the Case Manager may refer you to a Patient Advocate Foundation attorney. PAF attorneys assist with job discrimination due to diagnosis of a chronic, debilitating and/or life threatening diagnosis.

The Patient Advocate Foundation has at least 2 attorneys in each state to assist patients facing insurance issues/debt crisis intervention and job discrimination due to a chronic, debilitating and/or life-threatening diagnosis. After receiving the "right to sue" letter, a PAF attorney can give you a pro-bono advisement and can review materials you have received from your employer to help you evaluate your next move and/or represent you in your case against your employer. The PAF attorney will advise the patient of any fees and payments required for services during the initial consultation.

Below are some actual cases handled by PAF attorneys and the outcome therein:
Patient number one — A breast cancer patient who won a settlement that she could not expose per court order but was very happy with the outcome. "I never believed this would happen to me after 11 years of employment with my company." This patient returned from short-term disability leave to find out that she had lost her job and health insurance benefits. "After the betrayal I didn’t feel I could ever trust anyone again." The Human Resources team lead was an old friend of mine who was telling me that "It was all my fault for being gone so long." This after she shared with me the story of how her mother was diagnosed years before and that she had sympathy for me and was now telling me I was fired without health benefits as if she never knew me." Within 24 hours of contacting PAF patient number one was placed with an attorney who assisted her with filing and after receipt of the "right to sue" represented the patient until completion of her case.

Patient number two — Also a breast cancer patient who had her hours reduced to part-time upon return from short-term disability and was told she would lose her health benefits as a result. "I could not understand why they would do this since I was receiving full paid benefits while I was out for treatment and now they want to cut me down just when I am back to my fullest potential." Patient number two had the advisement of a PAF attorney and was represented through her mediation process with the EEOC. "I understand that sometimes these things drag out," says patient number two, "but all I wanted was my job and benefits back." After three weeks of mediation patient number two was reinstated to full time status with benefits and a guarantee in writing from her employer to reasonably accommodate her.


Below you will find links to more comprehensive account of job discrimination and how the ADA handles these issues by attorney Sheldon Weinhaus Esq. This paper is for the legal professional who may be interested in assisting patients. This legal document indicates how courts are not necessarily in agreement with all of the "language" or "terms" of the ADA and actions of the EEOC with case studies provided for each as follows;
Section 1 explains how the Civil Rights Act ties in with the EEOC with case history included.

Section 2 addresses how both the ADA and the Consolidated Omnibus Budget Reconciliation Act (COBRA) ties in with the actions of the EEOC and case history included.

Section 3 shows the involvement of the Employee Retirement Income Security Act (ERISA) in the ADA and long term disability benefits. Section 3 also explains how some health insurers try to use the ADA language as protection and how it regulates employer’s health insurance limitations.
- Section 3 - ADA and ERISA
- Section 3 - ADA and Long Term Disability Benefits





Disclaimer
The U.S. Department of Labor has offered the information in this book. Every effort has been made to make this guide as up-to- date as possible, however, change is inevitable. If you find any information that is not current or correct in this publication, please notify us and we will correct it in the next printing. Furthermore, if there are organizations that are not listed here that you feel would be helpful to others, we welcome your suggestions. Contact us at 1-800-532-5274 or by email at help@patientadvocate.org.