What are the Rights of Employees Diagnosed with Cancer?
Employees diagnosed with cancer are afforded certain protections and rights under various laws and regulations. These include the right to reasonable accommodations, protection against discrimination, and the ability to take medical leave. It is essential for employees to be aware of their rights to ensure they receive the support they need.
What is Reasonable Accommodation?
Reasonable accommodation refers to modifications or adjustments to the job or work environment that enable an employee with a disability to perform essential job functions. Examples of reasonable accommodations for employees with cancer may include flexible work hours, allowing telecommuting, adjusting workload, and providing special equipment.
How to Request Reasonable Accommodation?
To request reasonable accommodation, the employee should inform their employer about their condition and the need for adjustments. It is helpful to provide medical documentation outlining the diagnosis and the specific accommodations needed. Employers are required to engage in an interactive process with the employee to determine suitable accommodations.
Can an Employer Deny Reasonable Accommodation?
An employer may deny reasonable accommodation if it causes undue hardship, defined as significant difficulty or expense relative to the size and resources of the employer. However, the burden of proof lies with the employer to demonstrate that the accommodation would indeed cause undue hardship.
What Protection Exists Against Discrimination?
Employees with cancer are protected against discrimination under the ADA and other anti-discrimination laws. This means that employers cannot treat employees unfavorably because of their cancer diagnosis. Discriminatory actions may include termination, demotion, harassment, or any adverse employment decision based on the employee's health condition.
What is FMLA and How Does It Apply?
The Family and Medical Leave Act (FMLA) entitles eligible employees to take up to 12 weeks of unpaid, job-protected leave within a 12-month period for serious health conditions, including cancer. During FMLA leave, the employee's group health benefits must be maintained. To be eligible, the employee must have worked for the employer for at least 12 months and logged a minimum of 1,250 hours during that period.
What Should Employees Do If They Face Discrimination?
If employees with cancer face discrimination, they can file a complaint with the
EEOC. It is important to document all instances of discrimination and gather any relevant evidence. Employees may also seek legal advice to better understand their rights and the appropriate steps to take.
Can an Employee Be Terminated Due to Cancer?
Employers cannot legally terminate an employee solely because of a cancer diagnosis. Termination based on cancer would constitute unlawful discrimination. However, if the employee is unable to perform essential job functions even with reasonable accommodation, termination may be legally justified.
