Posts Tagged job discrimination

The Legal Rights of Cancer Patients

Your rights as a cancer patient are covered by the laws listed below.

Consider this a jumping off point to your advocacy. If you are unable to self-advocate then utilize your personal advocate as recommended in the Battling Cancer archives article Patient Advocacy.

The Americans with Disabilities Act of 1990: Basic guidelines of the ADA include:

  • Employers may not discriminate against a person with cancer or a history of cancer.
  • Employers must provide “reasonable accommodations” in the workplace for qualified employees with a disability.
  • An individual with a disability must be able to perform the “essential functions” of the job with or without reasonable accommodation.
  • Employers may ask only job-related medical questions.
  • Employers will treat all employees the same.
  • What is reasonable accommodation? It requires employers to modify an employee with cancer’s job responsibilities and or hours while they are undergoing treatment and beyond. This may include modification of work equipment or allowing an employee to come in late and make up the hours during treatment. Employers are not required to make changes that would require an undue hardship on the business.

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