Hi Nanci,

Congratulations on your recovery! I’m so sorry, though, that you now have to deal with this situation.  It might be helpful if I first go over the basics of the Americans with Disabilities Act (ADA).

The ADA provides protections by preventing certain employers from making employment decisions based on an eligible employee’s current or past cancer diagnosis, such as not hiring you, terminating your contract, or taking back your job offer, just because they find out information about your medical condition. The ADA applies to private employers with 15 or more employees and protects against discrimination in all phases of the employment process. You may also be similarly protected under a state fair employment law.

In order to be eligible for these protections, you must have a disability, be qualified for the job, and your employer must know about your cancer diagnosis. Important to note is that the ADA protects you if you had cancer in the past, but are doing well now. An employer may not discriminate against you because you used to be sick. The ADA also prevents an employer from discriminating against you if he or she thinks you are sick, even if you aren’t.

Additionally, the ADA requires employers to provide reasonable accommodations to applicants and employees with a disability, as long as the accommodation requested won’t cause the employer an undue hardship.  Reasonable accommodations under the ADA are any changes in your workplace that will help you to continue to perform your job.  For example, providing you with a special chair or changing the location of your office. For more info on qualifying for reasonable accommodations, you can visit www.askJAN.org.

Now that we’ve covered those basics, I want to return to your question - whether or not your employer’s actions are legal.  Since there are still some details that I don’t know about the situation--such as the size of your employer and whether or not he is still technically your present employer or simply your past employer--I am unable to fully answer this question. I can say that, if he is a covered employer based on size, and you are indeed still employed by that company or in an “interviewing” stage, then it’s possible you are covered by the ADA.  

For more information about the ADA, discrimination and filing a claim, the federal entity that enforces the ADA is the Equal Employment Opportunity Commission (EEOC).  For more information about the ADA and other pertinent laws, visit triagecancer.org/resources/.  For more information about filing a complaint with the EEOC, visit www.eeoc.gov.  

Finally, if you are interested in hiring an attorney you may be able to find one who specialized in employment law by visiting your local or state bar association's lawyer referral service or by contacting the National Cancer Legal Services Network at www.NCLSN.org.  

I hope that helps get you started, and please don’t hesitate to write back if you have any additional questions!

Warmly,
Eva LaManna, Esq. 

Please note that the above information is designed to provide general information on the topics presents. It is provided with the understanding that the expert is not engaged in rendering any legal or professional services in the information provided above. The information provided should not be used as a substitute for professional services.