• 05
  • October
    2011

In a significant disability discrimination decision, the California Department of Fair Employment and Housing (DFEH) announced that it issued an $846,300 administrative award against an electrical supplier for firing an employee because he had cancer.

The employee was a regional sales manager for a large electric company when he developed kidney cancer and prostate cancer in two consecutive years. His work required him to travel around the company's largest territory, and he requested that his employer limit his travel as an accommodation while he completed a number of cancer-related treatment appointments. He was 59 years old at the time of his diagnosis.

According to DFEH, instead of considering the employee's request for an accommodation, his supervisor reprimanded him for cutting back on his travel. The employee then received an unfavorable performance review. Even though the employee improved his job performance, the company fired him, citing insufficient travel as the reason for his termination.

DFEH found that the employer violated California's Fair Employment and Housing Act, which requires companies to provide reasonable accommodations that enable employees with disabilities, such as cancer, to keep their jobs. The employee testified that he would have continued to work for the company until he reached his planned retirement age of 67 years old.

Based on his retirement plans, DFEH awarded him lost wages of $748,571, out-of-pocket expenses of $22,729 and $50,000 for his emotional distress. It also levied an administrative fine of $25,000 against the company.

Source: Forbes.com, "Company must pay $846K after firing cancer patient," Sept. 14, 2011