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People with a current or past diagnosis of cancer are entitled to pursue gainful employment and provide for themselves and their loved ones. Those with a cancer diagnosis are often viewed and treated differently by employers. This can sometimes extend to actions that are considered cancer discrimination in the workplace in California. If you are experiencing such actions, you may reasonably wonder: What are your rights?

About Us

Advantage Advocates has been helping the residents of California for decades to stand up and defend their rights against workplace discrimination. Founded by Amy S. Ramsey, a former corporate attorney with experience representing large companies, we bring a unique perspective and approach to representing and defending the rights of employees in workplace discrimination cases.

State and Federal Protections Against Discrimination

Cancer patients are protected by California workplace discrimination laws. Potential and current employees who have been diagnosed with cancer are entitled to certain protections under both state and federal laws. Both the California Fair Housing and Employment Act (FEHA) and the Americans with Disabilities Act (ADA) recognize that cancer can have a significant impact on a person, qualifying as a disability that should be protected from discrimination.

ADA offers broad protections to those with medical conditions where a physical or mental impairment has “substantially” limited a person’s life activities, and recognizes cancer patients as falling under this category. The act prohibits organizations of fifteen or more employees from enacting discriminatory actions against those with qualifying medical histories and conditions.

FEHA protects those with cancer from discrimination so long as they can be shown that they can perform the duties of their job and do not pose a health safety risk to those around them. It applies to both public and private employers, and extends to organizations with five or more employees. It expands on federal protections by broadening the definition of disability and offering remedies to wrongful termination.

Your Rights

Federal and state laws are designed to protect workers. In 2023, the Equal Employment Opportunity Commission (EEOC) secured more than $665 million in compensation for victims of workplace discrimination. FEHA and ADA protect workers making requests for reasonable accommodations due to their cancer diagnosis, including changes to work schedules, limitations on physical duties, and reasonable changes to working environments.

These laws protect potential employees from being forced to disclose medical history during the hiring process, and articulate under what conditions medical information may be requested by an employer. Other examples of discrimination against cancer patients can include:

• Being refused employment due to a cancer diagnosis
• Suffering a wrongful termination due to a cancer diagnosis or associated illness
• Changes or additions to company policies that may affect a cancer patient negatively
• The permissibility or ignoring of harassment against a person with cancer in the workplace

What if You Are in Remission?

FEHA and ADA also extend their protections to those whose cancer has entered remission. Employers are barred from discriminating against those with a past history of cancer diagnosis or who have an ongoing medical condition that resulted from it. If you are experiencing any of the above actions or believe that some other form of discrimination is being enacted at your workplace, it is critical to receive experienced legal counsel to ensure your rights are protected.

Why Choose Us?

If you are seeking a skilled cancer discrimination attorney, it may be that your employer has already overstepped the bounds of the law more than you realize. Whether due to negligence, ignorance, or oversight, the actions that drive employees to seek legal protections are often underpinned by a multitude of smaller, less visible violations of their rights.

Employment issues in Southern California are generally handled by the state’s Superior Courts. Advantage Advocates is familiar with the particulars of these courts and can use this knowledge to expedite timelines and processes. With a background in corporate litigation, we understand the complexities of workplace discrimination litigation and can apply our unique perspective to aggressively defending the rights of our clients.

FAQs

What Is the Employment Rights Act for Cancer Patients?

In California, legislation that addresses employment rights for cancer patients is the Fair Employment and Housing Act (FEHA). This articulates further protections offered by federal law under the Americans with Disabilities Act (ADA). Both lay out protections for prospective and current employees with cancer, including requesting reasonable accommodation for their conditions, and protecting them from unlawful termination.

Are Medical Conditions Covered Under California Discrimination Law?

Yes, medical conditions are covered under California’s discrimination law. California recognizes that medical conditions that impair a person’s major life functions are protected from discrimination within the state. This extends to those who have been diagnosed with cancer, as well as those with ongoing conditions from the effects or treatment of it.

What Is an Example of Cancer Discrimination?

There are many examples of cancer discrimination in the workplace. These may include an employer refusing to make reasonable accommodations to a cancer patient due to their cancer diagnosis or illness, such as reasonable scheduling changes or modification of a workspace. Additional examples include the termination of someone due to their medical condition, or the tolerance of harassment of an employee due to their cancer diagnosis.

Is Cancer Considered a Disability in California?

Yes, under California law, cancer can be considered a disability. Under FEHA, if cancer, the course of its treatment, or any associated illnesses, causes a person a physical or mental impairment that limits their major life functions, then cancer can be considered a qualifying disability under legal protections from discrimination.

Hire a Workplace Discrimination Lawyer

In the state of California, more than 150 thousand people may be diagnosed with cancer this year. The challenge of facing a diagnosis need not include the violation of rights at your workplace. You are protected by law from being unlawfully discriminated against in your workplace due to a current or past cancer diagnosis.

When you hire an experienced workplace discrimination lawyer from Advantage Advocates, P.C., our skilled attorneys are prepared to fight on your behalf to ensure your fair and equitable treatment. Contact us today to learn how we can help.