An employer generally cannot fire a qualified employee because of cancer or because the employee lawfully requests accommodation. Cancer can readily qualify as an ADA disability, including in remission under the applicable rules. The ADA does not, however, guarantee employment regardless of essential duties or legitimate independent reasons. [1]
Rules that determine the answer
Accommodations may include treatment-related leave, schedule changes, reduced exposure, equipment, or reassignment to a qualifying vacancy. FMLA can provide separate job-protected leave for an eligible employee. A real layoff, misconduct decision, or inability to perform essential functions requires its own analysis; the employer cannot use a neutral-sounding reason to conceal discrimination or retaliation. [2]
Private-sector EEOC charge periods generally are 180 days, extended to 300 days where the applicable state or local enforcement conditions are met. Federal employees generally start by contacting an agency EEO counselor within forty-five days. The correct process depends on the employer; do not use the longer private-sector period for a federal-sector case. [1] [2]
What to check before taking the next step
- Request the specific treatment or work adjustment needed and provide focused supporting information when appropriate.
- Keep performance records, leave approvals, accommodation communications, and termination documents.
- Compare the stated reason with the timing, decision history, and treatment of similarly situated employees.
- Check the EEOC deadline promptly; an internal grievance does not ordinarily stop the charge clock.
Practical example
An employee can perform the job with a temporary treatment schedule. Rejecting that possibility solely because the employer does not allow anyone to work reduced hours can conflict with the required individualized accommodation review.
For related situations, see layoffs during FMLA leave and EEOC right-to-sue letters.
Primary sources
Sources checked: October 31, 2026.