Cancer discrimination in the workplace occurs when a cancer patient is refused accommodation of their disability. It also happens when a cancer survivor, whose disability has merely changed status from active treatment to follow-up care, is harassed, demoted, forced to quit, or fired. All of these tactics are illegal under federal law: a clear violation of the ADA. 

Generally, illegal discrimination occurs when an employee is singled-out and treated negatively solely because of their disability.

When that behavior is insurance driven, to dismiss an employee because of his or her high risk medical status is to dismiss that employee because of their disability. If that employee did not have that disability, he or she would not be considered a high medical risk for health insurance coverage, and would not be fired. Absent any other documentable reason for the harassment, demotion, or discharge, it is illegal discrimination.

An employer in Colorado and other at will states can legally fire an employee “at will” with no reason given. However, the courts have found that at will firings cannot be cloaks for illegal reasons. Disability and other forms of discrimination are examples of reasons that cannot legally float in the safe harbor of at will terminations.

Adrian was called into her supervisor’s office late one Friday afternoon and was asked to shut the door. She was told that she was being let go. When Adrian (who was expecting this moment) asked why, she was told, “no reason.”   When she insisted on getting an answer,
 the only explanation she could pry out of her boss was
“the doctors thought it was time.”

Other than having to deal with the harassment she experienced in the months leading up to this day, she was an exemplary employee with no performance or disciplinary issues.

She was told to clean out her desk and not come back.

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