Patricia Garrett was a supervising nurse at an Alabama state hospital, but she wasn’t prepared for the hospitals reaction when she herself became ill.
Patricia Garrett: I was diagnosed with breast cancer in 1994… and, uh, immediately decided that it was a mistake… of course none of us get cancer, do we… when the chemo started and I started showing some of the effects, that’s when my supervisor called me in and said, um, know you, “You need, you need to rest, you’re tired, and this is what we’re going to do for you,” um and that’s the point at which they insisted that I do take my medical leave.
Despite the fact that Patricia Garrett was able to work, and could continue to perform her job well, her employer saw her illness as a problem.
Sharon Perley Masling: When her supervisors found out that she had breast cancer, um, in the act of what they said was compassion, um, they gave her a quote- unquote easier job. The problem was… it was a demotion, with less pay. She had been demoted on the basis of her disability, on the basis of her breast cancer.
Patricia Garrett: Each week when I would go to my physician for my weekly checkup she’d say “How are you feeling?” and I’d say “Well you just won’t believe what’s happening today, and they keep warning me to go home, and I don’t wanna go home because I really need to work and I feel like working, and, uh, I don’t understand what’s happening.” And she said, “You’re being discriminated against… and of course I said, “Get outta town.” (Laughs)
Patricia Garrett sued her employer, the state of Alabama, for discrimination based on her disability.
Patricia Garrett: I just though that somebody had to fight… and, and I could do it, while somebody else who, who maybe was young and single and had children couldn’t do it. I could do it.
Patricia Garrett’s case went all the way to the Supreme Court, which ruled that regardless of the facts, she had no right to sue the state. The Garrett case set a precedent, now, even if they discriminate against employees with disabilities, states cannot be sued.
Patricia Garrett: I’ve lived all my life thinking I had all these rights, and wasn’t I lucky, and how happy I am to have these civil rights laws that will help me… and then I found out that they weren’t going to help me at all. I couldn’t do anything… that’s a disgrace.