Thanks to advances in medicine over the years, your chance of surviving cancer have improved significantly in the last few decades. Simultaneously, the rate of cancer in the U.S. has deceased as people became more aware of health and environmental risk factors.
This is good news if you were recently diagnosed or currently undergoing treatments for cancer. Unfortunately, you may face challenges in other areas of your life, like discrimination from your employer. Sadly, we still hear from cancer patients and others with serious illnesses, who were fired from their job after disclosing a cancer diagnosis to their employer.
Cancer in the Workplace
Many workplaces have employees who are receiving treatment for cancer, whether they were just diagnosed or having a recurrence of cancer after a period of remission.
The Center for Disease Control and Prevention estimates that over 1.6 million people in the U.S. are diagnosed with some form of cancer each year. Furthermore, 1 in 3 women and 1 out of 2 men will be diagnosed with cancer at some point in their life, according to the National Business Group on Health and the American Cancer Society.
Statistics by the Journal of Clinical Oncology show that 45% of people with a cancer diagnosis are between the ages of 20 and 64, the traditional age range for working people.
Cancer Diagnosis in The Workplace – Possible Consequences
Sadly, there is still a bias against employees with cancer at some workplaces, even when their prognosis for recovery is good and they are managing their treatments with their job duties. Those with cancer may be perceived as less capable or productive, even after they are in remission.
Employers may anticipate that someone with cancer will be frequently absent from work or ask for extended medical leave. This is one of many reasons why a worker who has been diagnosed with cancer is fired soon after they notify the employer. Or, they may be terminated from their job after they return from medical leave to focus on their treatment plan.
It’s quite rare for employers to tell the worker that they are being fired because they have cancer. Most employers know this is illegal (or unethical, at the very least), and they will try to come up with another reason for why their employment is terminated. Perhaps they will say that your position has been eliminated due to budget issues, or poor work performance / attendance is the reason you have been fired.
If you suspect that you were let go from your job because of a cancer diagnosis, makes sure to contact a California employment lawyer without delay. Our legal team is ready to listen to your story and help you determine if you have a case for wrongful termination.
Employee Protections under the Fair Employment and Housing Act
The policies that prohibit wrongful termination are established in the California Fair Employment and Housing Act. More specifically, FEHA explicitly prohibits workplace discrimination on the basis of a physical or mental disability or medical condition. In reference to cancer, a “medical condition” is defined as “Any health impairment related to or associated with a diagnosis of cancer or a record or history of cancer.”
Telling Your Employer That You have Cancer
Ultimately, telling your employer about a medical diagnosis is personal choice. If you and your doctor determine that your ability to perform your work duties will not be affected by your illness, you may want to keep the information to yourself for a while. However, you will most likely need to inform them if your condition gets worse. For one thing, you are likely to need accommodations, like modifying work duties and having a more flexible schedule for your medical appointments.
Under the California Fair Employment and Housing Act, employers are required to make reasonable accommodations when an employee has a diagnosed medical condition, like cancer. It should be noted that accommodations must be within reason for the employer, meaning it does not cause an undue hardship in their finances or daily operations.
Frankly, open communication with your employer is the best way to foster cooperation and come up with solutions that can help you during your recovery. Keep in mind that once your employer is aware of your diagnosis, they are required by law to engage with you in figuring out what accommodations will help you keep your job, while allowing you to take care of your medical needs.
Based on the circumstances, it may be agreed by both of you that a temporary medical leave would be the best option so that you can focus on chemotherapy, surgery, and other treatments. Or, you may be allowed extra breaks during your work day, since it’s likely that you will be more tired on certain days. Another possibility is switching to another work shift or having a more flexible schedule so that you can fit in doctor’s appointments as needed.
What can I Do if My Employer Fires Me after I Inform Them of a Cancer Diagnosis?
For most employees, staying employed is crucial when they are diagnosed with a serious illness. Aside from the money you earn from a job, being employed gives you a sense of purpose and fulfillment. Thus, being terminated by your employer because you have cancer is debilitating on your physical and emotional health, as well as your finances.
We want to assure that the laws in California protect workers from discriminatory practices, like wrongful termination due to a cancer diagnosis. You have the right to file a labor board complaint and hold your employer accountable for violating your right reasonable accommodations. Aside from a complaint with state and federal agencies, you may have the option of filing a wrongful termination lawsuit with help from a California employment lawyer.
Contact a Wrongful Termination Lawyer
If you lost your job because you were diagnosed with cancer, please give us a call and talk to a lawyer with experience in workplace discrimination cases. We provide free legal services under the Zero Fee Guarantee and ask that your employer cover the cost of representing you. Your settlement from a successful claim includes our expenses, and this is the only form of payment owed to us. That means we make absolutely nothing if you do not receive payment from a wrongful termination lawsuit.
The process begins with a free consultation, which you can schedule by contacting us 24 hours a day, 7 days a week.
