How Does the EEOC Protect Cancer Patients?
The EEOC ensures that cancer patients are protected under the
Americans with Disabilities Act (ADA). This act prohibits discrimination against individuals with disabilities, which includes those diagnosed with cancer. Employers are required to provide reasonable
accommodations to enable cancer patients to perform their job functions, unless doing so would cause undue hardship to the business.
What are Reasonable Accommodations?
Reasonable accommodations for employees with cancer may include flexible work hours, remote work options, modified tasks, or additional breaks for
medical treatment. The goal is to support the employee in maintaining their job performance while undergoing treatment. Employers may also need to adjust workloads or provide temporary reassignment to less physically demanding roles.
Can an Employer Fire an Employee with Cancer?
Under the ADA, an employer cannot legally terminate an employee solely because they have cancer. However, if an employee with cancer is unable to perform their job duties even with reasonable accommodations, or if their employment poses a significant risk to the health or safety of themselves or others, the employer may have grounds for termination. It is important for both employers and employees to engage in an
interactive process to determine appropriate accommodations.
What Should an Employee Do if They Face Discrimination?
If an employee believes they have been discriminated against due to their cancer diagnosis, they should file a complaint with the EEOC. The process typically involves an initial intake interview, followed by an investigation. If the EEOC finds evidence of discrimination, they may pursue a settlement or file a lawsuit on behalf of the employee. Employees can also seek legal counsel to understand their rights and options.
What Role Does Confidentiality Play?
Employers are required to keep an employee's medical information confidential. This includes details about their cancer diagnosis and treatment. Only individuals who need to know this information to provide accommodations or for safety reasons should have access to it. Breaching this confidentiality can lead to legal consequences and further discrimination claims.
How Can Employers Support Employees with Cancer?
Employers can foster a supportive work environment by being proactive in offering accommodations, maintaining open lines of communication, and educating staff about cancer and related
employment rights. Encouraging a culture of empathy and flexibility can help alleviate some of the burdens faced by employees undergoing cancer treatment.
Conclusion
The EEOC plays a critical role in protecting the rights of cancer patients in the workplace. By understanding and adhering to the guidelines set forth by the EEOC and the ADA, employers can ensure they provide a supportive and non-discriminatory work environment for employees with cancer.
