Cancer Discrimination

Despite major advances in cancer research, cancer remains one of the most debilitating illnesses in America. But cancer statistics prove that the vast majority of people afflicted with cancer are hardworking, productive and successful in their jobs. That is unless your employer discriminates against you because you have cancer.

Because Of Personal Experience, We Know What You're Going Through

At the the Navarette Law Firm, our lawyers have successfully fought and won cancer discrimination cases against some of the toughest companies in America. Our cancer discrimination lawyers are tenacious against employers who violate cancer discrimination laws, yet compassionate toward you. Part of that stems from the fact that our founding partner lost both of his parents to cancer, and part of that stems from the fact that we are passionate about helping cancer survivors who have been discriminated against at work.

Examples Of Ways In Which Employers Discriminate When You Have Cancer

Most cancers can be treated and some cured, depending on the type of cancer, the location and the stage of severity. But when your employer interferes with your ability to get the cancer treatment that you need, that may constitute cancer discrimination. The following are some examples of ways in which your employer might discriminate against you:

  • Your employer does not allow you to miss work for medical appointments
  • Your employer does not accommodate your need to take a reasonable amount of time off of work for emergency appointments or for recovery time following surgery
  • Your employer does not accommodate your need to take a reasonable amount of time off of work for your chemotherapy or radiation sessions
  • Your employer will not provide reasonable accommodations at work for you

Cancer Discrimination Laws

Under both the Americans with Disabilities Act and the California Fair Employment and Housing Act, cancer discrimination is illegal. Because the law protects you, your employer must reasonably accommodate you so that you can do the essential functions of your job. For example, if you just had a chemotherapy treatment and you were seriously weakened by it, your employer must provide you with reasonable breaks at work so that you can continue to work. Moreover, just because you have cancer and need to get treatments for it, your employer cannot take what is called an "adverse employment action" against you such as a bogus performance review, a demotion, failing to promote you, laying you off or firing you.

Performance Improvement Plans, Separation Agreements And Cancer Discrimination

Most employers are not dumb. When your employer gives you a bad performance review, demotes you, lays you off or fires you, they will make up another reason for their action. Don't believe it. And don't sign away your rights. Specifically, most employers will give you a "separation agreement" if they laid you off or fired you, and that agreement will state that your employer will pay you a certain amount of money in exchange for you agreeing, in writing, to give up your right to sue them. This is a common trap. Don't fall into it.

Contact the Navarette Law Firm

Call 866-994-BEST (2378) or contact our San Jose office via email to schedule a consultation. We will explain all of your legal options to you so that you can make an informed and intelligent decision about how you want to proceed and get on with your life.

Please note that there is a fee for the initial consultation, but if we accept your case and we do not recover monetary compensation for you, there is no attorneys' fee owed beyond the initial consultation fee.