Disability Discrimination and Cancer
Employees who are diagnosed with cancer are protected against employment discrimination under Federal, New York State and New York City laws. As the court stated in Berk v. Bates Advertising USA, Inc., 1997 WL 749386, at *4 (S.D.N.Y. Dec. 3, 1997), “It is clear that cancer patients were contemplated in the drafting of the Americans with Disabilities Act.” Employees who are presently battling or are survivors of cancer, therefore, are protected against disability or perceived disability discrimination in the workplace.
An employee with cancer is protected even if he/she is not actually disabled, but is “perceived” as being disabled by the employer. Accordingly, an employee who is not disabled and who is fully capable of performing all the duties of his/her job can present a claim of disability discrimination, if the employer believes that the cancer diagnosis suddenly renders him/her a useless employee.
