No, I don’t believe so. Cancer is not a disability. She was what, an assistant to an oral surgeon? My mom used to do that, it’s a super high stress job that demands focus, repetition, and would be very hard to do on chemo. I would not want to be operated on by an oral surgeon with an assistant that is on chemo, tons of schedule 2 drugs, and not focused on the job.
Guy is in the clear, just trumped up unrealistic outrage over a realistic response. The article doesn’t say what stage her cancer is, or what type. I’m gonna have to go with the boss here, look at that hand writing. Very bad for an oral surgeon.
http://www.eeoc.gov/laws/types/cancer.cfm
As a result of changes made by the ADAAA, people who currently have cancer, or have cancer that is in remission, should easily be found to have a disability within the meaning of the first part of the ADA’s definition of disability because they are substantially limited in the major life activity of normal cell growth or would be so limited if cancer currently in remission was to recur.8
Similarly, individuals with a history of cancer will be covered under the second part of the definition of disability because they will have a record of an impairment that substantially limited a major life activity in the past.9 Finally, an individual is covered under the third (”regarded as”) prong of the definition of disability if an employer takes a prohibited action (for example, refuses to hire or terminates the individual) because of cancer or because the employer believes the individual has cancer.10