Cancer Discrimination Lawsuit

Attorneys with the Equal Employment Opportunity Commission (”EEOC”) announced in a July 7, 2009 Press Release that the federal agency sued a St. Louis construction company charging that the company violated federal law by firing one of its permanent construction employees because it regarded him as disabled as a result of his history of liver and kidney problems, including cancer.  According to the EEOC Press Release, the former employee was in good health and had been cleared to work by his doctor before he was fired but the company became aware of of his health history when he applied for the company’s health insurance coverage.  See, http://www.eeoc.gov/press/7-7-09b.html .  As stated in the Press Release, Title I of the Americans With Disabilities Act (ADA) prohibits employers from discriminating against employees and applicants who are disabled, have a record of disability or who are regarded as disabled.  EEOC attorneys filed the disability discrimination lawsuit after first attempting to reach a voluntary settlement out of court.  In the lawsuit, relief is sought for back pay along with compensatory and punitive damages, reinstatement and other injunctive relief.  Prior to filing of this lawsuit, EEOC attorneys made cancer related disability discrimination lawsuit announcements in other cases where cancer was a factor in the disability discrimination claim.  See, http://www.eeoc.gov/press/5-12-09.html as well as another case found at http://www.eeoc.gov/press/4-1-09b.html .  In this regard, the EEOC is a federal agency which enforces federal laws prohibiting employment discrimination, including disability discrimination.

Whether cancer related employment discrimination occurs in Baytown, Freeport, Port Lavaca or elsewhere, victims of cancer related disability bias may contact the EEOC and an attorney or lawyer to determine if a cancer discrimination lawsuit is ultimately appropriate under the particular circumstances and facts of the potential disability discrimination claim.