Can my employer fire me because of Sarcoma

Employment Protection and Sarcoma: What You Need to Know

This is an important question, and the answer involves legal protections that exist specifically to prevent employment discrimination based on cancer diagnosis.

Legal Protections You Have

You have significant legal protections against employment discrimination because of sarcoma:

1. The Americans with Disabilities Act (ADA) - This federal law prohibits employers from discriminating against employees based on disability. Cancer, including sarcoma, is generally considered a disability under the ADA, which means:

   • Your employer cannot fire you simply because you have sarcoma
   • They must provide reasonable accommodations (like flexible scheduling for treatment appointments)
   • They cannot treat you differently in hiring, promotion, or other employment decisions

2. The Family and Medical Leave Act (FMLA) - This allows eligible employees to take unpaid, job-protected leave for serious health conditions, including cancer treatment

3. State and local laws - Many states have additional protections against cancer-related discrimination

Important Distinctions

Your employer cannot fire you because:

• You have a sarcoma diagnosis
• You need time off for treatment
• You have side effects from treatment
• You have a disability related to your cancer

Your employer can potentially terminate employment for:

• Legitimate, non-discriminatory reasons (like poor performance unrelated to your illness)
• Inability to perform essential job functions even with reasonable accommodations
• Other standard employment reasons

What You Should Do

1. Inform your employer appropriately - You don't have to disclose your diagnosis to everyone, but HR should know so they can provide accommodations

2. Document everything - Keep records of:

   • Your diagnosis and treatment needs
   • Any accommodations you request
   • Communications with your employer about your condition
   • Any negative employment actions

3. Request reasonable accommodations - Examples might include:

   • Flexible work schedules for medical appointments
   • Remote work options during treatment
   • Modified duties temporarily
   • Extended leave for treatment

4. Know your rights - The U.S. Equal Employment Opportunity Commission (EEOC) enforces the ADA and can investigate discrimination complaints

5. Seek legal counsel if needed - If you experience what you believe is discrimination, consult an employment attorney who specializes in disability rights

Resources for More Information

• EEOC (Equal Employment Opportunity Commission): www.eeoc.gov - Information on ADA rights and how to file a complaint
• American Cancer Society: They have resources on employment rights for cancer patients
• Your state's labor department: Can provide information on state-specific protections
• Legal aid organizations: Many offer free or low-cost consultations for employment discrimination issues

Important Note

While your medical care team (oncologists, surgeons, etc.) focuses on treating your sarcoma, employment law is outside their expertise. For specific legal questions about your situation, consulting with an employment attorney or your state's labor board is the best approach.

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This information is for educational purposes only. For legal advice about your specific employment situation, consult with an employment attorney or your state's labor department.