Firing an Employee with Cancer Can Be Disability Discrimination

     DAP Products Inc. is being sued by the EEOC for allegedly refusing to allow a capable employee with cancer to return to work.  The lawsuit claims that the company discharged the employee from his position as a production operator because he had been diagnosed with and underwent surgery for prostate cancer.  After taking a period of leave, the employee was able to return and perform his job, but DAP refused to allow him to return and forced him instead to take an extended leave.  DAP later fired the employee for exceeding company leave limitations.  This alleged conduct violates the Americans with Disabilities Act, which protects employees from discrimination based on their disabilities and requires employers to make reasonable accommodations for employees with known disabilities.  See Equal Employment Opportunity Commission v. DAP Products, Inc., No. 3:15-cv-3423-D (N.D. Tex.).

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