Q: Was diagnosed with cancer & my employer has had me call out since they were informed and now removed me fr schedule?
This is happening to my brother who has cancer and he has been denied going to work since informing his work. What are his rights and next steps?
A: The issue is whether he is a Qualified Person with a Disability- able to perform the essential functions of his job. These facts certainly sound like the employer has violated the Federal ADA and possibly CO state laws too. He is entitled to a reasonable accommodation for a physical disability and some laws treat cancer as a separate category entitled to protection. This case arises under PHYSICAL DISABILITY AND REASONABLE ACCOMMODATION DISCRIMINATION/ EMPLOYMENT law. You need to discuss with an attorney in your jurisdiction that specializes in this kind of law. Thank you for using Justia, Ask a Lawyer.
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