NJ Law Firm Faces Bias Suit: Did Cancer Diagnosis Lead to Wrongful Termination?

In today’s world, where an estimated 1 in 3 people will develop cancer during their lifetime, the intersection of employment law and health is more critical than ever. A recent lawsuit filed against a New Jersey law firm highlights the vulnerability of employees facing serious illnesses. The case, Suzanne Smith v. James C. Maloney PC, brings to light the critical question: Can a cancer diagnosis lead to wrongful termination?

Understanding the Core of the Lawsuit

According to Law360 Pulse, Suzanne Smith, a former legal assistant, is suing James C. Maloney PC, alleging she was fired after requesting workplace accommodations following her ureter cancer diagnosis and subsequent surgery. Smith, who had been with the firm since 2012, claims that after her diagnosis in August 2023, she faced resistance when trying to make up for missed work due to chemotherapy. The firm allegedly denied her requests to work from home or during off-peak hours.

Upon returning from a medical leave of absence in March 2024, Smith found her private office, which she had occupied for four years, had been moved to a shared workspace. Citing her immunocompromised condition, she requested her old office back or another accommodation but to no avail. Smith alleges violations of the New Jersey Law Against Discrimination (NJLAD).

Navigating Cancer, Work, and Legal Rights

It’s an unfortunate reality that many cancer survivors encounter workplace discrimination. Dismissal, failure to hire, demotion, denial of promotion or benefits, undesirable transfers, and hostility from coworkers are some of the challenges they may face. However, both federal and state laws offer protection against such discrimination.

The Americans with Disabilities Act (ADA)

The ADA is a federal law that prohibits employment discrimination against qualified individuals with disabilities. This protection extends to those with a history of disability or those perceived as having a disability, even if they don’t actually have one. The ADA applies to employers with 15 or more employees.

Under the ADA, cancer is considered a disability, entitling employees to legal safeguards. Employers cannot legally discriminate against cancer patients based on their medical condition. This means they cannot be fired, demoted, denied benefits, or subjected to unequal treatment due to their illness or history of illness.

The New Jersey Law Against Discrimination (NJLAD)

New Jersey provides even stronger protections through the NJLAD. Unlike the ADA, the NJLAD applies to nearly all employers in the state, regardless of size. It also covers a broader range of medical conditions that may not qualify as disabilities under the ADA.

The NJLAD defines disability broadly, including physical, mental, psychological, and developmental conditions that interfere with normal activities. Even conditions in remission, such as cancer, remain legally protected disabilities under New Jersey law. The law prohibits discrimination based on an actual, perceived, or history of a disability.

Reasonable Accommodations

Both the ADA and NJLAD require employers to provide reasonable accommodations to employees with disabilities. A reasonable accommodation is any change or adjustment to a job or work environment that allows an employee with a disability to perform the essential functions of their job.

Examples of reasonable accommodations for cancer patients may include:

Modified work schedules
Allowing remote work
Providing a private workspace
Granting leave for treatment or recovery

Employers are not required to provide accommodations that would cause undue hardship to their business. However, they must engage in a good-faith interactive process with the employee to explore potential accommodations.

The Family and Medical Leave Act (FMLA)

The FMLA is a federal law that allows eligible employees to take up to 12 weeks of unpaid, job-protected leave per year for their own serious health condition or to care for a family member with a serious health condition. The FMLA applies to employers with 50 or more employees.

To be eligible for FMLA leave, an employee must have worked for their employer for at least 12 months and have worked at least 1,250 hours in the past year.

What to Do If You Suspect Discrimination

If you believe you have been discriminated against because of your cancer diagnosis, it is crucial to take action to protect your rights. Here are some steps you can take:

Document everything: Keep detailed records of all incidents of discrimination, including dates, times, and witnesses.
Report the discrimination: Follow your employer’s internal procedures for reporting discrimination.
File a charge with the EEOC or NJDCR: You can file a charge of discrimination with the Equal Employment Opportunity Commission (EEOC) or the New Jersey Division on Civil Rights (NJDCR). These agencies are responsible for investigating discrimination claims.
Consult with an attorney: An experienced employment attorney can advise you on your legal rights and options.

The Importance of Legal Counsel

Navigating employment law can be complex, especially when dealing with a serious illness like cancer. An attorney specializing in employment discrimination can provide invaluable assistance by:

Evaluating the merits of your case
Gathering evidence to support your claim
Negotiating with your employer
Representing you in court, if necessary

Moving Forward: Fostering Supportive Workplaces

Cases like Smith v. James C. Maloney PC serve as a reminder of the importance of fostering supportive and inclusive workplaces for employees facing health challenges. Employers should:

Educate themselves and their employees about disability discrimination laws.
Implement clear and accessible policies for requesting reasonable accommodations.
Train managers on how to handle employee health issues with sensitivity and respect.
Create a culture of support and understanding for employees facing serious illnesses.

By taking these steps, employers can create workplaces where employees feel valued and supported, regardless of their health status. This not only benefits employees but also fosters a more productive and engaged workforce.