Good Samaritan Kidney Donor, Who Was Fired by Employer for Taking Time Off to Donate a Kidney, Wins Lawsuit

The National Kidney Registry and Zabell & Associates announced today the favorable resolution of a lawsuit, funded by the National Kidney Registry, in support of a Good Samaritan donor, involving unlawful discrimination and workplace retaliation.

The donor initiated a chain of transplants, organized by the National Kidney Registry, by donating her kidney to a stranger on March 8, 2011. The employer, after initially approving the time off for the kidney donation, later reversed their position, and denied the donor’s request to utilize her accrued vacation to recover from surgery. The donor subsequently argued the reversal of the employer’s decision, and was fired.

In summarizing the situation, Diane Zocchia, Director of Donor Relations at the National Kidney Registry, and a kidney donor herself said, “It is very rare that employers are not fully supportive of kidney donors who give the gift of life by undergoing major surgery. It is important that we, as a society, protect donors and support them in every way possible.” Expanding on this, Saul Zabell, who led the litigation team said, “We are here to fight for what is right, and are pleased to see that this case has been fully resolved in favor of our client, who put her job at risk to donate her kidney to a stranger.”

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