Client Resource Center

Treating Employees with Compassion: Lessons from Jeopardy!

By Marilyn G. Moran

The ABC network's respectful treatment of longtime Jeopardy! host Alex Trebek through his battle with cancer exemplifies compassion. Even as his health deteriorated, they supported his desire to continue working as long as possible, which he did until shortly before his death in November 2020. Their actions follow three key principles for treating with compassion an employee who is navigating a serious medical condition.

Don't make assumptions about an employee's desire or ability to continue working.

When learning that an employee has cancer, employers frequently make incorrect and harmful assumptions that can lead to inappropriate treatment of that person. The Equal Employment Opportunity Commission (EEOC) explains:

Often, employees with cancer face discrimination because of their supervisors' and coworkers' misperceptions about their ability to work during and after cancer treatment. Even when the prognosis is excellent, some employers expect that a person diagnosed with cancer will take long absences from work or be unable to focus on job duties.1

Generally, an employer may ask an employee about the employee's cancer or other disabling condition when the employer has a reasonable belief that the employee will be unable to safely perform the essential functions of his or her job. The EEOC details other instances in which an employer may inquire about an employee's condition to the extent the information is necessary:

To support the employee's request for a reasonable accommodation needed because of [their condition]; to verify the employee's use of sick leave related to [their condition] if the employer requires all employees to submit a doctor's note to justify their use of sick leave; or to enable the employee to participate in a voluntary wellness program.2

In all other circumstances, employers should refrain from making assumptions about an employee's desire or ability to continue working. Additionally, when managing employees with a cancer diagnosis or other serious health issue, it is important to separate assumptions and stereotypes about an employee's condition from the employer's performance expectations.

(Alex Trebek continued to deliver a stellar performance for the year and a half after receiving a diagnosis of stage four pancreatic cancer and filmed new episodes of Jeopardy! up until 10 days before his passing.)

Accommodate an employee's need for leave or other accommodation.

The Americans with Disabilities Act (ADA) requires employers to provide adjustments or modifications - called reasonable accommodations - to enable applicants and employees with disabilities to enjoy equal employment opportunities, unless doing so would cause significant difficulty or expense (undue hardship). Not all employees with cancer or other disabilities will require an accommodation or require the same accommodations, so employers must evaluate the need for an accommodation on a case-by-case basis.

(Trebek was able to take leave in order to receive and recover from cancer treatment. His employer also made it possible for him to take breaks as needed during taping, which enabled him to continue working until the end of his life.)

If necessary, plan (respectfully) for an employee's transition out of the workplace.

As a general rule, employers need to engage in transition planning to keep an organization on track and make sure that its workforce can meet the demands of its business operations. It is crucial, however, to navigate this issue delicately, especially when a key employee has a terminal illness. Although employers should not expressly ask employees when they plan to leave the workforce, employers do have the right to know if an employee intends to remain with the organization for a certain period of time. If the employee indicates that they do plan to continue working, their employer must not question them further or make any value judgments or suggestions about why the employer believes the employee should leave the workforce sooner.

(To prepare for Trebek's transition away from Jeopardy! ABC hired perhaps the best-known contestant in the show's history, Ken Jennings, as a consulting producer and possible future host. Significantly, any discussions about who would follow Trebek as host were held discreetly and without any attempt to encourage Trebek to stop working or to force him out of his role before he was ready.)

Ultimately, everyone will transition out of the workforce for one reason or another. As an organization plans for its future, it must be respectful of its workers, refrain from making assumptions about them, and be careful not to encourage or suggest that employees who have a medical condition leave the workforce before they are ready to do so.


1 EEOC. 2013. "Cancer in the Workplace and the ADA."" EEOC website, May 15, www.eeoc.gov/laws/guidance/cancer-workplace-and-ada.

2 Ibid.

About the author:

Employers' counsel and partner at FordHarrison LLP, Marilyn G. Moran is passionate about learning her clients' businesses from the ground up and working with management and HR to solve problems and implement smart business solutions. In addition to litigating cases, she provides advice and training on a wide variety of employment law issues, including discrimination, harassment, retaliation, wage and hour violations, and reductions in force. She can be reached via www.linkedin.com/in/marilyngmoran.