Marita Santos has filed a complaint against West Suburban Nursing and Rehabilitation Center, LLC, alleging unlawful termination based on disability discrimination. The complaint was filed by Santos in the United States District Court for the Northern District of Illinois on May 22, 2024.
According to the court documents, Marita Santos began her employment with West Suburban Nursing and Rehabilitation Center on October 29, 2001, and held the position of RN/Infection Control Nurse until her termination on October 5, 2022. In June 2022, Santos was diagnosed with endometrial cancer and subsequently underwent treatment that included chemotherapy and surgery. Her medical provider indicated that she would need ongoing letrozole therapy and surveillance for five years.
Santos took FMLA leave from June 15, 2022, through September 6, 2022, to undergo treatment. Following this period, her medical provider imposed work restrictions including not lifting more than ten pounds for six weeks starting November 18, 2022. On October 5, 2022, Santos requested additional medical leave as an accommodation due to her ongoing cancer treatment. However, her request was denied by West Suburban Nursing and Rehabilitation Center which led to her abrupt termination on the same day.
The termination letter from the defendant stated that Santos had exhausted her FMLA leave and they were unable to continue accommodating her. However, Santos argues that the defendant could have made reasonable accommodations at that time. She submitted two requests for accommodation under the ADA—one on October 21, 2022, and another in January of 2023—both of which were granted allowing her additional leave through March 6, 2023.
Santos contends that her endometrial cancer qualifies as a "disability" under the ADA as it substantially limited major life activities such as working and lifting. She believes that West Suburban Nursing and Rehabilitation Center regarded her cancer diagnosis as an impairment which motivated their refusal to accommodate her needs and subsequent termination.
In her lawsuit, Santos seeks several forms of relief including declaratory judgment declaring the practices unlawful under the ADA; permanent injunctions against such practices; modification or elimination of discriminatory policies; immediate rehiring or front-end pay; compensation for lost earnings including prejudgment interest; compensatory damages for sustained injuries; punitive damages for willful conduct by the defendant; costs and disbursements of this action including reasonable attorney's fees; and any other just relief deemed appropriate by the court.
Representing Marita Santos is attorney Henderson M. Banks from Henderson Banks Law located at Wacker Drive in Chicago. The case has been assigned Case ID: 1:24-cv-04215.