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Dwayne B.
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Category: Employment Law
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Experience:  Employment Law Expert
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I have cancer and my employer is refusing to adjust a

Customer Question

I have cancer and my employer is refusing to adjust a performance goal after I notified them that my condition has worsened. I asked for additional time to complete the goal by 2 weeks and they said no. Is this illegal?
Submitted: 4 months ago.
Category: Employment Law
Expert:  Dwayne B. replied 4 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

It's not "automatically" illegal but it certainly can be illegal.

The most obvious thing that comes to mind is that it can be a violation of the ADA, and it sounds like everyone agrees the ADA applies, and your need for a reasonable accommodation.

You probably want to go and visit with a local lawyer that does Employment Law and have them write a letter to your employer asking for the reasonable accommodation and explaining why it is necessary and reasonable. The letter serves another purpose, it can be used as evidence if you do have to sue and the lawyer will draft it and word it with that in mind.

That is the only law that I see this violating.

However, you do have to file a charge of discrimination with the ADA once you know for certain they are refusing the accommodation. You have a short time to do this, as short as 180 days in some situations, and if you miss the deadline then you can never file a lawsuit as you will have failed to "exhaust all administrative remedies".

Please ask any follow up questions you have in this thread.

If you don't have any follow ups and you question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work.

Of course, as I said, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered. In addition, once you issue your Positive Rating the question will lock open and you can come back to it anytime in the future if you think of something else.