Legal Question in Disability Law in Illinois

My wife has cancer and for the year 2010 she has missed 2 weeks of work due to her condition. Her time off was earned sick days. She has been able to work all other days as well as travel to various parts of the country for her company.

She was promoted just prior to her coming down with her cancer and after finding out about what she had her company stated they were taking a different approach to things and she didn't get her promotion. She was also told that her direct boss had been telling other emplyees that she couldn't do her work and she has keep my wife from doing her job they way she use to. All this even though she had only missed 2 weeks of work so far in 2010.

Does my wife have a complaint concerning her company bosses making these changes to her job and talking to other employees about her condition We live in Pa but her company is in Illinois. Thank you


Asked on 10/15/10, 1:46 pm

1 Answer from Attorneys

Betty Tsamis Tsamis Law Firm PC

I am very sorry to hear about your wife's diagnosis. But, it sounds like she is resilient and fighting back well.

It is not uncommon for an employer to intentionally or unintentionally discriminate against an employee with cancer. Cancer, even when in remission, is considered a disability under the ADA and your wife is entitled to protection under the Act which could include reasonable accommodation without later reprisal such as denying someone a promotion they were on track for. I had a case a couple of years ago with a cancer survivor who began to receive criticism of her performance (after 18 years with the company) after her new manager learned she was a cancer survivor. She, too, had a promotion in the works. The company denied that her manager was considering her for promotion but we were able to prove, through emails, that she was indeed told she would be getting a promotion. Our case received quite a bit of publicity and we ultimately settled early. There are other issues in that case that I don't think are relevant to your wife's issue.

My advice is that your wife immediately seek experienced counsel. I would be happy to chat with both of you about her situation.

Read more
Answered on 10/20/10, 2:02 pm


Related Questions & Answers

More Disability Discrimination Law (ADA) questions and answers in Illinois