Telling an Employee to Focus on Their Health While Terminating Them is Evidence of Disability Discrimination

The U.S. Equal Employment Opportunity Commission recently settled a lawsuit against two car dealerships, which allegedly fired a title clerk, because they feared that she might have cancer.  The employee had missed several days of work because of an abrupt illness, and she also told management that she had been hospitalized and was being tested for cancer.  A day before her planned return to work, the dealerships fired the title clerk, telling her to “focus on her health” and stated that the termination of her employment was not because of her work performance.  This alleged conduct is a violation of the Americans with Disabilities Act, as amended, which prohibits discrimination on the basis of a disability or a perceived disability.  See EEOC v. Cappo Management, No. 2:20-cv-02245 (E.D. Cal.).