Cancer, your job, and EEOC rights.

Options
Nana b
Nana b Member Posts: 3,030 Member
http://www.eeoc.gov/facts/cancer.html




The Americans with Disabilities Act (ADA) is a federal law that prohibits discrimination against individuals with disabilities.  Title I of the ADA covers employment by private employers with 15 or more employees as well as state and local government employers.  The Rehabilitation Act provides the same protections related to federal employment.  In addition, most states have their own laws prohibiting employment discrimination on the basis of disability.  Some of these state laws apply to smaller employers and may provide protections in addition to those available under the ADA.[1]

The U.S. Equal Employment Opportunity Commission (EEOC) enforces the employment provisions of the ADA.[2]  This is the fourth in a series of question-and-answer documents addressing particular disabilities in the workplace.[3]  It explains how the ADA might apply to job applicants and employees who have or had cancer.  In particular, this guide explains:

when cancer is a disability under the ADA;
when an employer may ask an applicant or employee questions about his or her cancer and how it should treat voluntary disclosures;
what types of reasonable accommodations employees with cancer may need; and,
how employers can ensure that they do not discriminate against applicants and employees with cancer.
GENERAL INFORMATION ABOUT CANCER

Lots more info on website.

Comments

  • Buckwirth
    Buckwirth Member Posts: 1,258 Member
    Options
    And another resource
    Nana,

    Great information! Reading through it there are notes that we, as cancer patients, fall under both Americans with Disabilities Act and Family Medical Leave Act, and we have unique protections guaranteed from each.

    For any American taking a part time leave, or a modified schedule, or returning to the job they held prior to dx, here is another link that explains your rights. Pay particular attention to #21 and #23 for examples of how the law works for you and for your employer:

    Enforcement Guidance:
    Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act
  • marqimark
    marqimark Member Posts: 242 Member
    Options
    Thankful
    I am thankful that my employer was very much in tune with all the regs etc.
    Their policy was very much appreciated by this employee.
    Five month disablity leave with half pay and the other half was paid by my sick leave and then vacation pay.
    The HR held a donate a vacation day to me drive and my co-workers donated 302 hours of vacation pay!
    Came back to my job at the beginning of the year like I was never away.

    THAT IS THE WAY IT SHOULD HAVE BEEN FOR GAIL!! See post about Gail.
  • Buckwirth
    Buckwirth Member Posts: 1,258 Member
    Options
    Dupe from another thread
    But for the future if someone is searching:

    Found a site with a lot of great resources, and it seems to be very up to date on what the law covers:

    cancerandcareers.org

    Here is the section on ADA and FMLA:

    Your Legal Rights in the Workplace: Cancer and the ADA, FMLA

    Lots of stuff here, whether you are currently employed, or are considering returning to the workforce, this looks like it can be a big help.
  • plh4gail
    plh4gail Member Posts: 1,238 Member
    Options
    Thank you so much! Great
    Thank you so much! Great information. I may have some questions to bring up and sort through with what I have been told by my HR dept.
  • plh4gail
    plh4gail Member Posts: 1,238 Member
    Options
    Buckwirth said:
    Buck and Raquel
    I just read through the information. Lots of it and very good stuff!!! I'm saving all of this as I get back in to work (hopefully and soon). So far...I don't think the ADA has been broken against me? There is only one area that I may have questions after reading through the info.

    My leave started last July as a shorter shift then was off completely since August. For the first 3 months I was on a medical leave where my shift was protected. Then my leave was changed to a personal leave. My shift now became open to fill but I still had my normal insurance. At the end of the those 3 months I was told I could be let go but was not. My personal leave was extended month by month and my insurance changed to...I forgot the name at the moment but cost almost $600/month. So since January I have been on this personal leave the Hospital had been extending. Well when my chemo ended in May and my onc gave me the return to work day of June 28 with the shorter 8 hour shifts restriction for 1 month I was told there were no shifts like this available for RNs.And there were no 12 hour shifts with any kinds of restrictions. My leave was supposed to end June 28 and Hospital was going to give me 2 weeks to find a position at the end of that. That is their policy. Then if I don't/can't find a position to take I will be let go. I need to be able to go back to work 12 hours without restrictions. .....Now I read in the info about employees returning to work needing special accomodations. I'm a little confused about them not accepting the 8 hr work thing. But I think they don't have to if their is not a position like that available? But if I do go back to 12s and I end up needing an accomodation I have a right to ask for it.? .......I need to read again all of the info!

    Thank you for the links guys. You're the bestest!