SEATTLE – A Washington flooring retailer has agreed to a $2.3 million settlement with Derek Lilleskare, a cancer survivor whose career was derailed after the company subjected him to years of discrimination and retaliation before wrongfully terminating him – all while he was undergoing life-saving cancer treatment. Mr. Lilleskare is represented by attorneys Elizabeth Hanley and Chen-Chen Jiang of Schroeter Goldmark & Bender (SGB).

The lawsuit came following a longstanding pattern of mistreatment, including the employer’s refusal to accommodate Mr. Lilleskare’s medical needs, withholding of substantial bonus payments amounting to more than $100,000, and disregard of his requests for accommodation that ultimately led to his unlawful termination.

“Derek Lilleskare showed unwavering dedication to his job, even while enduring the exhausting realities of Stage IV cancer treatment. Rather than offering support or even basic human decency, his employer chose to exploit his vulnerability—denying him the wages he rightfully earned, mocking his condition and ultimately firing him in a calculated act of discrimination and retaliation. This was not just callous; it was illegal,” said SGB attorney Elizabeth Hanley, who represented Mr. Lilleskare.

Under Washington law, cancer qualifies as a disability and is a protected class, meaning employers are legally required to provide reasonable accommodations. Instead, Lilleskare’s employer, Surface Art, Inc., refused to support him and made it increasingly difficult for him to do his job.

Lilleskare joined Surface Art in 2015 as a sales representative and was promoted to territory technical manager due to his strong performance. In late 2019, he was diagnosed with Stage IV lymphoma but remained committed to his job, continuing to work through chemotherapy and immunotherapy treatments—often responding to work calls and emails while receiving treatment.

Despite his dedication, his employer failed to accommodate his medical needs. Instead, they undermined his contributions, denied his reasonable requests for workplace modifications, and allowed a toxic environment to develop. According to the lawsuit, company leadership dismissed his struggles, made comments suggesting others on the team “carried” him, and even mocked his weight gain—a side effect of his steroidal cancer treatment.

When his employer failed to provide the yearly bonus outlined in Mr. Lilleskare’s employment agreement, he hoped that, as in years past, the bonus was simply delayed. After waiting for almost a year, he could not remain silent any longer and called the discrepancy into question. According to the lawsuit, Mr. Lilleskare was owed several bonuses amounting to more than $100,000.

Eventually, Mr. Lilleskare requested two reasonable accommodations to protect his weakened immune system: to be excused from an industry tradeshow with participants from across the country and to be provided a quarantined workspace to build product displays. His employer denied both requests. Just months later—and days after his most recent inquiry about his unpaid bonuses—Surface Art abruptly terminated his employment.

“This settlement sends a powerful message: employers cannot strip workers of their rights, discard them in their most difficult moments and expect to walk away unscathed,” said Hanley. “The law is clear—discrimination and retaliation will not be tolerated.”

Mr. Lilleskare and his team sought with this case to hold Surface Art accountable for discrimination against a disabled employee, failure to accommodate a disabled employee and retaliation, and to put into action the laws prohibiting discrimination.

“Fighting Stage IV cancer has been one of the most grueling battles of my life, and being cast aside by my employer who I’d dedicated nearly a decade of my life to made it even more trying,” said Mr. Lilleskare. “No one should have to choose between their health and their livelihood, so I’m grateful to be closing this chapter having finally received justice. I hope my story serves as a precedent and encourages employers to treat people fairly, so they can receive the support and care they deserve.”

For more than 50 years, SGB has represented employees against large corporations, government agencies and small businesses to protect workers from unfair treatment. In addition to individual cases, the firm is committed to pursuing wage cases on a multi-plaintiff or class-wide basis, as well.

To learn more about what sets SGB employment law attorneys apart, visit www.sgb-law.com/practice-areas/employment-law.