The EEOC has charged The Gap with violating the Americans with Disabilities Act (ADA), which prohibits employers from terminating employees because of such medical conditions. The employee took leave because of medical problems related to glomerolonephritis, a kidney disorder. He returned to work and was then fired on the spot. The EEOC alleged that The Gap chose to terminate him based upon unjustified concerns surrounding his medical condition; which is sometimes referred to as “stereotyping”. The EEOC is asking for back pay and compensatory damages for emotional distress and punitive damages.
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