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Adrian's Story: Cancer Survival & Job Loss
In January of 2005, I was diagnosed with Stage III Breast Cancer. For the rest of that year, I went through chemotherapy, a double mastectomy, breast reconstruction, and radiation treatments. I had my last treatment on November 4, 2005. 
Throughout my active treatment, I kept on working and took little time off (fortunately, I did not react too badly to chemo).
I continued to be an exemplary employee, just as I had been for the previous five years. But on October 13, 2006 (a Friday), almost one year after my last treatment, I was abruptly fired from my job! I was a biller for a medical speciality practice, bringing in money for four doctors. The reason given for my termination was "no reason." (Colorado is an at will employment state, where employers can fire employees for no stated reason).
But at will laws were not written to be a cloak for job discrimination. In my case the unspoken reason was my cancer history.
The doctors were about to renew their group health insurance plan which had previously covered my cancer treatments. In their view, it was time to get rid of any employee who would increase the cost of their group insurance. Of course this was an illegal act. It violated both federal and Colorado state law; namely the ADA ( Americans with Disabilities Act ) and state regulations enforced by the Colorado Civil Rights Division. I have filed a complaint with the EEOC ( Equal Employment Opportunity Commission ), the federal agency that regulates employers and investigates and enforces the laws against discrimination of all sorts, including cancer discrimination. A cancer patient (actively under treatment) or survivor (post treatment) is in most cases considered to have a disability (as defined by the ADA), and cannot be discharged for having or having had cancer. Nor while employed can such a person be harassed or demoted because of his or her condition, which on the contrary must be accomodated by the employer.  Cancer discrimination is all about greedy health insurance companies and certain uncaring employers whom they insure. But now my husband and I have a mission: we have formed FECAPS (a voluntary association) to shed the light of day on those firms, help others who may have had the same unfortunate experience, and keep it from happening to anyone else. By the way, not all employers are uncaring about cancer (I wish I could say the same thing about insurance carriers). We hope to write a feature article or two about those firms that do care. Let me know if you're aware of any best practice businesses.
I will keep this website updated on the status of my EEOC charge of discrimination. Send me an email if you want me to keep you personally apprised on how things are progressing...
| | "The thing about cancer is that if forces you to focus on what is important and pushes you to the limits of your determination. As more people survive — and even thrive — beyond a cancer diagnosis, the disease is losing its status as an automatic death sentence." LANCE ARMSTRONG
from the book
"Keep Climbing" by Sean Swarner |
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