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Cancer is covered under american with disabilities act

azgrandma's picture
azgrandma
Posts: 577
Joined: Feb 2010

got book at chemo yesterday, cancer is covered under americans with disabilities. It against the law to fire you and not work with this disability.

leesag's picture
leesag
Posts: 624
Joined: Jan 2010

http://www.eeoc.gov/facts/cancer.html

LPack's picture
LPack
Posts: 658
Joined: Oct 2008

Yes, you can get disability from the time you were diagnosed within 12 months time and then get a monthly check if you are unable to work.

Many work with cancer, but there are those who cannot.

Libby

Lisa13Q's picture
Lisa13Q
Posts: 683
Joined: Jul 2009

cannot be fired if in certain situations. For example, someone cannot be fired in an "at will" state for being Black. Since Ovarian cancer is covered under ADA, you cannot be fired for that reason. "At will" does not mean anyone at any time. If you are in a protected group, which ovarian cancer people are in you have avenues to pursue. Truly contact your union rep. You have certain rights.

Songflower's picture
Songflower
Posts: 632
Joined: Apr 2009

I work for a large health care institution. I have been on short term and long term disability with serous uterine cancer. I have recurrance and will be going on long term disability. They told me after a certain time they "let you go" Does anyone know if that is true?

Hissy_Fitz's picture
Hissy_Fitz
Posts: 1869
Joined: Sep 2009

If you are able to do your job with reasonable accomodations, then they cannot let you go. But if you are too ill to work, they can. It's kind of like unemployment in that respect. If you are too sick to work, you cannot collect unemployment.

You have to be able to work (again, with accomodations) to be protected under the ADA. For example, if you have chemo on Thursday afternoon and need to take Friday off to recover and there are other employees who can do your job, they cannot fire you. But if you cannot work for six months due to cancer treatments (surgery, chemo, etc), then they can let you go. The official wording is "essential elements of the job". You must be able to perform the "essential elements" of your position.

My (late) husband was fired with a diagnosis of liver cancer and it was upheld on federal appeal. His employer claimed that his illness made him mentally unable to do his job correctly. (Liver disease does raise ammonia levels, which can affect a person's cognitive abilities.)

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