Ask a Lawyer - Archive
   
Discrimination Based on Disability or Perception of Disability; Family and Medical Leave Act
Kell A. Simon

Q. 

Two weeks ago my company found out that I have terminal cancer. Today, they laid me off. Do I have any recourse?

-- Anonymous

A. 

You may have legal recourse if the company laid you off because of your cancer, or because of medical leave that you took or requested related to your cancer. The Americans with Disabilities Act prohibits employers from discriminating against their employees because of a medical condition that substantially limits any major life activity, or for taking action against an employee because the employer perceives the employee to be disabled. In addition, the Family and Medical Leave Act prohibits retaliation against you for using or requesting Family and Medical Leave Act leave.



-- Kell A. Simon

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