Employment Rights After Termination Following a Cancer Diagnosis in California

Akopyan Law Firm, A.P.C. Insights Team2025-11-07T02:06:30-08:00

📌 Key Takeaways Protected Status Under California Law: Cancer is recognized as a protected medical condition under the Fair Employment and Housing Act (FEHA), entitling individuals to legal safeguards from diagnosis through recovery. Employer Obligations and Restrictions: Employers must provide reasonable accommodations and engage in an interactive process while avoiding any retaliation or unauthorized disclosure of medical information. Indicators of Discriminatory Termination: Timing of termination relative to medical disclosure, abrupt performance reviews, or refusal to engage in accommodations may suggest discriminatory conduct. Legal Remedies and Timelines: Available remedies for FEHA violations may include reinstatement, lost wages, and compensation for emotional distress. Claims must be filed within the applicable deadline. Importance of Legal Evaluation: Each situation depends on specific facts. Individuals are strongly encouraged to consult a qualified employment law attorney to understand their rights under California law. This overview highlights critical protections and legal considerations for employees facing termination after a cancer diagnosis. The article below provides deeper insights into identifying potential violations and understanding key legal concepts. FEHA’s Legal Protections for Employees Diagnosed with Cancer Under California’s Fair Employment and Housing Act (FEHA), individuals diagnosed with cancer are recognized as having a protected medical condition. This classification carries specific legal significance from the moment the diagnosis is disclosed through treatment and recovery periods. The law provides broader protection than the Americans with Disabilities Act (ADA). In California, the legal threshold for a qualifying impairment is lower, and coverage applies to a wider range of employment scenarios. As a result, employees managing a cancer diagnosis may benefit from state-level protections even when federal law might not apply. Legal frameworks typically provide that protection extends to any adverse employment action that shows a potential causal connection to a medical disclosure. For instance, when a termination closely follows the disclosure of a diagnosis, that timing may raise concerns under FEHA. Employer Responsibilities and Prohibited Conduct Employers subject to FEHA obligations are required to engage in an interactive process with employees to determine appropriate reasonable accommodations related to medical conditions such as cancer. These accommodations might include, but are not limited to: Modified work schedules - Adjustments to start or end times - Flexibility for medical appointments Temporary reassignment Job restructuring or extended leave California law also prohibits certain adverse employment actions based on a protected medical condition. Illustratively, these may include: Termination following medical disclosure Demotion or reduced responsibilities after accommodation requests Refusal to provide or discuss accommodations Retaliation in response to medical leave or related conversations Additionally, employers must maintain the confidentiality of medical information. Sharing an employee’s diagnosis without authorization—even internally—may constitute a FEHA violation. Identifying Signs of Unlawful Termination Recognizing potential indicators of discriminatory termination may help individuals determine whether workplace conduct aligns with FEHA protections. For example, if an employee is terminated shortly after disclosing a cancer diagnosis or after requesting time off for treatment, such timing may suggest a link between the disclosure and the employment decision. Such patterns do not confirm wrongdoing but may help... Read more