How Does the ADA Define Disability?
According to the ADA, a disability is defined as a physical or mental impairment that substantially limits one or more major life activities. This includes conditions such as cancer, which can impact daily functions like working, walking, and caring for oneself. The ADA also protects individuals who have a history of such an impairment or are perceived by others as having such an impairment.
Is Cancer Considered a Disability Under the ADA?
Yes,
cancer is considered a disability under the ADA if it substantially limits one or more major life activities. This can include limitations caused by the cancer itself or by the side effects of treatment. Even if the cancer is in remission, the individual is still protected under the ADA if there is a history of the disability.
Non-discrimination: Employers cannot discriminate against an individual with cancer in any aspect of employment, including hiring, firing, promotions, or job assignments.
Reasonable Accommodations: Employers are required to provide reasonable accommodations to employees with cancer, such as flexible work schedules, telecommuting, or modified duties, unless it causes undue hardship to the business.
Confidentiality: Medical information related to an employee's cancer diagnosis must be kept confidential and separate from personnel files.
Flexible work hours to attend medical appointments or manage fatigue.
Permission to work from home during treatment periods.
Physical adjustments to the workspace, such as providing an ergonomic chair or a private area to rest.
Employers are not required to provide accommodations that would cause undue hardship, meaning significant difficulty or expense, to the operation of the business.
How Can Employees Request Accommodations?
Employees should inform their employer of their need for an accommodation. This can be done verbally or in writing. It is helpful to provide a description of the specific accommodation needed and how it will help them perform their job. Employers may request medical documentation to support the need for accommodation.
What Should Employers Know About ADA and Cancer?
Employers should be aware of their obligations under the ADA to provide a non-discriminatory work environment and to offer reasonable accommodations. They should also ensure that all employment practices, policies, and procedures comply with the ADA. Training programs can help educate managers and staff about their responsibilities and how to support employees with cancer.
