My friend believes she has been discriminated at work due to a cancer diagnosis. Should she sue or file DFEH claim or do both?

Your friend may be the victim of retaliation for having engaged in protected activity under the California Fair Employment and Housing Act (FEHA). FEHA is part of the California Government Code which prohibits discrimination in the workplace and also prohibits retaliation against an employee who engages in protected activity such as reporting discrimination because of a medical condition. But, you don't provide any facts regarding wny she was verbally fired.

It is unlawful to discriminate against a person because of a medical condition unless there is a bona fide reason that the medical condition precludes the person from performing his or her job. The company did the right thing by not firing her when she explained the situation. However, the company has either allowed or ignored the hostile work environment. This should be addressed in writing to the employer.

A lawsuit for violation of FEHA must be preceded by obtaining a Right-To-Sue Letter from the California Department of Fair Employment and Housing. Your friend should retain a seasoned employment law attorney for advice and to help prosecute an action if that is appropriate.

As a practical matter, your friend has to also consider her medical needs and the need to keep her job. Before taking aggressive steps, I suggest that she try to informally resolve the matter with her employer. The pressing need for medical coverage for cancer treatment may override her desire to sue. In any case, consulting with an employment law attorney would be prudent; and, I reccommend that she do soon as soon as practicable.

Bruce Abel, Esq.
Abel Law Offices
Email: bruceabelesq@yahoo.com
WEbsite: www.bruceabel.com