Cancer is covered under american with disabilities act

azgrandma
azgrandma Member Posts: 609 Member
edited March 2014 in Ovarian Cancer #1
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.

Comments

  • leesag
    leesag Member Posts: 621 Member
    #2
    ADA FAQ about Cancer in the workplace ;)
    http://www.eeoc.gov/facts/cancer.html
  • LPack
    LPack Member Posts: 645
    #3
    Disability
    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
    Lisa13Q Member Posts: 677
    #4
    Yes, and furthermore even if you're in an "at will" state, you..
    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
    Songflower Member Posts: 608
    #5
    Lisa13Q said:

    Yes, and furthermore even if you're in an "at will" state, you..
    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.

    question about losing job with long term disability
    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
    Hissy_Fitz Member Posts: 1,834
    #6
    Songflower said:

    question about losing job with long term disability
    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?

    If you are able to do your
    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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