Americans with Disabilities Act (ADA) - Cancer Science

What is the Americans with Disabilities Act (ADA)?

The Americans with Disabilities Act (ADA) is a landmark civil rights law enacted in 1990 that prohibits discrimination against individuals with disabilities in all areas of public life, including jobs, schools, transportation, and all public and private places that are open to the general public. The goal of the ADA is to ensure that people with disabilities have the same rights and opportunities as everyone else.

How does the ADA apply to individuals with cancer?

Individuals with cancer are protected under the ADA if they meet the law's definition of disability. Cancer can be considered a disability under the ADA if it substantially limits one or more major life activities. This protection ensures that individuals with cancer are entitled to reasonable accommodations in the workplace and are protected from discrimination in employment, public services, and other areas covered by the ADA.

What are reasonable accommodations for employees with cancer?

Reasonable accommodations for employees with cancer can vary based on the individual's specific needs and the nature of their work. Examples of reasonable accommodations might include:

Flexible work hours to accommodate medical appointments or treatments.
Permission to work from home if treatment side effects affect mobility or energy levels.
Modifying job duties or reassigning tasks to reduce physical strain.
Providing additional breaks or rest periods.
Adjusting workspaces to ensure accessibility and comfort.

How can an employee request reasonable accommodations?

To request reasonable accommodations, an employee should inform their employer of their need for adjustments due to their cancer. This can be done through a formal written request or an informal conversation. The employer might ask for documentation from a healthcare provider to support the request. Employers are required to engage in an interactive process with the employee to determine suitable accommodations.

What protections does the ADA offer against discrimination?

The ADA prohibits discrimination against employees and job applicants with disabilities, including those with cancer, in various areas such as:

Recruitment, hiring, and promotion.
Job assignments and training.
Pay and benefits.
Leave and layoff policies.
Other terms, conditions, and privileges of employment.

Employers cannot ask job applicants about their medical history, including questions about cancer, before making a job offer. They also cannot retaliate against an employee for requesting accommodations or asserting their rights under the ADA.

What should an employee do if they believe their rights under the ADA have been violated?

If an employee believes that their ADA rights have been violated, they can file a complaint with the Equal Employment Opportunity Commission (EEOC). The EEOC is responsible for enforcing the ADA's employment provisions. Complaints must typically be filed within 180 days of the alleged violation. The EEOC may investigate the complaint, mediate a resolution, or take legal action if necessary.

Resources and Support for Individuals with Cancer

There are numerous resources available to support individuals with cancer in understanding their rights under the ADA and obtaining necessary accommodations. Organizations such as the American Cancer Society, CancerCare, and the Job Accommodation Network (JAN) offer guidance, advocacy, and assistance with navigating employment-related challenges.

In conclusion, the ADA provides critical protections for individuals with cancer, ensuring they have equal opportunities and are not subject to discrimination in the workplace and other areas of public life. By understanding their rights and available resources, individuals with cancer can better manage their condition while maintaining their professional and personal lives.