What is Considered Discrimination?
Discrimination in the workplace can take many forms. It could be direct, such as a manager refusing to hire someone because they have cancer, or more subtle, such as denying promotions or making derogatory comments. Under the ADA and similar laws, any unfavorable treatment related to a person's cancer diagnosis can be deemed discriminatory.
What are Reasonable Accommodations?
Reasonable accommodations are adjustments or modifications provided by an employer to enable employees with disabilities to perform their job duties. For cancer patients, this might include
flexible work schedules, the ability to work from home, or providing a less physically demanding role. Employers are generally required to provide these accommodations unless doing so would cause undue hardship to the business.
Can Cancer Patients Take Leave from Work?
Yes, cancer patients can take leave from work. In the United States, the
Family and Medical Leave Act (FMLA) allows eligible employees to take up to 12 weeks of unpaid leave for serious health conditions, including cancer. During this period, their job is protected, and they can return to their role afterward. Some countries and employers also offer paid leave options or short-term and long-term disability insurance.
How to Request Accommodations?
Requesting accommodations usually involves informing your employer about your condition and discussing what changes are needed to help you perform your job. It's helpful to have a letter from your healthcare provider outlining your diagnosis and recommended accommodations. Many companies have formal processes for these requests, often handled by the HR department.
What if an Employer Denies Accommodations?
If an employer denies reasonable accommodations, the first step is to appeal the decision through internal channels, such as HR or a designated compliance officer. If this does not resolve the issue, you may file a complaint with the appropriate government agency, such as the
Equal Employment Opportunity Commission (EEOC) in the U.S. Legal action is another option, but it is often considered a last resort.
Can You Be Fired for Having Cancer?
It is generally illegal to fire someone solely because they have cancer. However, if an employee is unable to perform their essential job functions even with reasonable accommodations, termination might be legally permissible. Employers must navigate these situations carefully to avoid unlawful discrimination claims.
Confidentiality and Privacy
Employers are required to keep medical information confidential. This means they cannot disclose your cancer diagnosis to colleagues without your consent. Breaches of confidentiality can have severe legal consequences and can be grounds for a complaint.Returning to Work After Cancer Treatment
Returning to work after cancer treatment can be challenging. Many patients experience lingering effects such as fatigue or cognitive changes. Employers should work with returning employees to phase them back into their roles gradually and provide ongoing support as needed. Resources like Employee Assistance Programs (EAPs) can also be beneficial.Additional Resources
Various organizations offer resources to help cancer patients understand their rights and navigate employment challenges. These include the
American Cancer Society,
Cancer and Careers, and
National Cancer Institute. These organizations provide valuable information and support for both employees and employers.
