Is It Illegal to Fire an Employee for a Serious Illness?

When an employee is diagnosed with a serious illness, it can have a profound impact—not only on their personal life but also on their professional stability. 

Unfortunately, some employers may not respond with compassion. Instead, they might look for ways to remove the employee from the workplace altogether.

But is it illegal to fire an employee for having a serious illness? The answer depends on several factors, including the nature of the illness, how it affects job performance, the size of the company, and whether the employee is covered under specific laws designed to protect workers with health conditions.

If you believe you've been wrongfully terminated, don’t hesitate to contact Morgan & Morgan for a free case evaluation to learn more about your legal options.

What the Law Says About Losing a Job While Sick

The law provides certain protections for people unable to work due to an illness. These laws include:

1. Americans With Disabilities Act (ADA)

The Americans with Disabilities Act of 1990 is one of the most significant federal laws protecting workers who have serious illnesses. Under the ADA:

• Employers with 15 or more employees are prohibited from discriminating against a qualified individual with a disability.
• A "disability" is defined as a physical or mental impairment that substantially limits one or more major life activities.
• Serious illnesses like cancer, multiple sclerosis, epilepsy, HIV/AIDS, diabetes, and even some mental health disorders can be considered disabilities under the ADA.

This means that if your illness qualifies as a disability under the ADA, your employer cannot fire you solely because of it, as long as you are still able to perform the essential functions of your job, with or without reasonable accommodations.

2. Family and Medical Leave Act (FMLA)

Another key protection is the Family and Medical Leave Act (FMLA), which:

• Applies to employers with 50 or more employees within 75 miles of the worksite.
• Covers employees who have worked at least 1,250 hours over the past 12 months.
• Allows eligible employees to take up to 12 weeks of unpaid, job-protected leave per year for a serious health condition (or to care for a family member with a serious health condition).
   

If you qualify, the FMLA guarantees your job (or an equivalent one) when you return from medical leave. Your employer cannot fire you for taking protected FMLA leave or retaliate against you for requesting it.

What Constitutes a “Serious Illness”?

Not every health condition is protected under the law. However, the following types of illnesses often qualify for legal protections:

• Chronic conditions: such as asthma, epilepsy, or diabetes
• Terminal illnesses: such as late-stage cancer
• Mental health disorders: including depression, PTSD, or bipolar disorder
• Autoimmune diseases: like lupus, Crohn’s disease, or rheumatoid arthritis
• Severe injuries: requiring long-term recovery or rehabilitation
   

Importantly, legal protections don’t require the illness to be visible or physically apparent. Many “invisible” illnesses still qualify as disabilities under the ADA or trigger protection under the FMLA.

What Qualifies as a Disability?

According to the ADA, “disability” is defined as a physical or mental impairment that substantially limits major life activities. Disabled people need a record of their impairment to be regarded as having such a condition. 

A “physical or mental impairment” means any disorder or condition affecting bodily systems. It can also include cosmetic disfigurements or anatomical losses. Disorders that qualify as “disabilities” may affect the following systems: 

• Skin
• Sensory
• Digestion
• Lymphatic
• Endocrine
• Respiratory
• Neurological
• Reproductive
• Cardiovascular
• Musculoskeletal 

According to this federal regulation, “major life activities” include functions such as:

• Sight
• Walking
• Hearing
• Speaking
• Breathing
• Caring for oneself
• Performing manual tasks
• Performing cognitive tasks 

Also, workers are considered to have a disability if they face discrimination because of an actual or perceived impairment. This is true regardless of whether the impairment limits a major life activity. 

If you believe that you have been discriminated against because of a disability, contact a lawyer. The distinction between illnesses and disabilities can be difficult to make. Speaking with one of the experienced legal professionals at Morgan and Morgan can give you the best chance of recovering compensation.

Reasonable Accommodations: What Employers Are Required to Do

Under the ADA, employers are required to provide reasonable accommodations to employees with disabilities unless doing so would impose an “undue hardship” on the business. Examples include:

• Modified work schedules
• Remote work or telecommuting options
• Additional unpaid leave beyond FMLA
• Reassignment to a vacant position
• Physical changes to the workspace (e.g., ergonomic chairs, ramps)
   

Failure to explore or provide reasonable accommodations may be considered discrimination under the law. If your employer did not even attempt to engage in the "interactive process" to determine what accommodations might be suitable, you may have grounds for a legal claim.

Can You Be Fired While You’re Sick?

Technically, yes—but not simply because you’re sick.

Employers are not obligated to keep an employee indefinitely if they can no longer perform the job—even with accommodations. However, a firing becomes illegal if it meets any of the following criteria:

• Discrimination: Termination based on the illness itself, or on unfounded assumptions about your ability to work.
• Retaliation: You’re fired because you requested medical leave, filed a complaint, or asked for accommodations.
• Failure to Accommodate: You’re fired without the employer trying to explore or implement reasonable accommodations.
• Violation of FMLA: You’re fired while on (or just after returning from) protected leave.
   

For example, if an employee with cancer is performing well but is fired after revealing their diagnosis, the employer may be in violation of the ADA.

What If My Employer Says It’s About Performance?

This is a common tactic. An employer may try to justify a termination based on poor performance or job restructuring, when in fact the underlying reason is the illness. This is why documentation is so important.

If you suspect your illness was a factor in your termination:

• Gather documentation: Keep emails, performance reviews, and written communications.
• Take notes: Record dates and conversations about your illness and requests for accommodations or leave.
• Look for timing: A firing soon after disclosing your illness or returning from leave may be suspicious.
   

In some cases, courts may find that the timing of the termination, along with other evidence, shows the employer’s stated reason was a pretext for discrimination.

State Laws That Offer Additional Protections

In addition to federal laws, many states have their own anti-discrimination statutes that protect workers with serious illnesses, even at smaller companies that fall outside the ADA or FMLA thresholds.

For example:

• California’s Fair Employment and Housing Act (FEHA) applies to employers with 5 or more employees and offers broader protection than the ADA.
• New York State Human Rights Law and New York City Human Rights Law also go beyond federal protections.
• Massachusetts, Illinois, New Jersey, and others have robust laws covering medical leave and anti-discrimination.
   

These laws often allow employees to file claims at the state level, potentially with longer deadlines and more favorable standards of proof.

What Should I Do if I Was Fired for a Serious Illness?

If you believe you were wrongfully terminated due to your illness, here are the steps you should consider:

1. Contact Morgan & Morgan

An experienced employment lawyer at Morgan & Morgan can review your case and determine whether your termination violated federal or state law. They can help you file a complaint with the Equal Employment Opportunity Commission (EEOC) or your state’s civil rights agency.

2. File a Complaint with the EEOC

You must usually file an EEOC complaint within 180 to 300 days of the discriminatory act, depending on your state. This is a necessary step before filing a lawsuit under federal law.

3. Keep Detailed Records

Continue to gather documentation of everything related to your illness, accommodations requested, your job performance, and the events leading to your termination.

4. Know Your Rights Regarding Severance and Settlement

If your employer offers you a severance package, do not sign it immediately. Many agreements ask you to waive your right to sue. An attorney can help you review the terms and negotiate for a better settlement if your rights were violated.

Damages You May Be Entitled To

If you’ve been wrongfully terminated due to a serious illness, you may be entitled to a range of remedies, including:

• Back pay (lost wages and benefits)
• Front pay (future wages you would have earned)
• Emotional distress damages
• Punitive damages (in cases of egregious conduct)
• Attorney’s fees and legal costs
• Reinstatement to your previous position
   

Every case is unique, but the law is clear: workers have the right to be treated fairly and with dignity, regardless of their health status.

Fired Because You Were Sick? Contact Morgan & Morgan 

At Morgan & Morgan, we believe that no one should lose their livelihood simply because they’re facing a medical challenge. We’ve helped countless individuals hold their employers accountable for wrongful termination, discrimination, and retaliation. If you believe you were fired due to a serious illness, you don’t have to face this alone.

We work on a contingency basis, which means you don’t pay unless we win. With offices nationwide and a team of dedicated employment attorneys, we’re ready to fight for you.

If you or a loved one were fired after being diagnosed with a serious illness, reach out to Morgan & Morgan for a free, confidential case evaluation.