HANDLING DISCRIMINATION AT WORK

Excerpted from Cancer Care.org. For more information see the Cancer Care web site http://www.cancercare.org or contact them directly at 1-800-813-HOPE.

If you are working and feel you have encountered discrimination, there are steps you can take prior to legal action:

Work with your supervisor or department of human resources to resolve the problem informally. Under the Americans with Disabilities Act employers are required to make "reasonable accommodations". If you took this issue to court, the judge would ask that you and your employer try to work it out this way first. Is flextime an option? Can your tasks be modified so you are still performing the majority of your job responsibilities without doing things that you are unable to do? Are there accommodations you can suggest to your employer that will make your work life easier? Open communication between you and your employer about your needs and their needs may help to resolve what might otherwise turn into an unpleasant situation. If you feel unable to communicate directly with your supervisor, ask someone in human resources or an employee assistance counselor for help.

Get support from others. Perhaps a local cancer group or health professional would be able to provide education for your employer about cancer and workplace issues. Find co-workers who would be willing to help you talk to management. Speak to an attorney specializing in workplace discrimination who can advise you on how to proceed. If there are other cancer survivors in the work place, see how they have dealt with the issue.

Keep written records of actions. Write down dates and times of discriminatory actions and conversations that you have with your employer. Be precise and detailed in your notes.

Contact the U.S. Equal Employment Opportunity Commission (EEOC). The EEOC has qualified individuals that will inform you on choices you make and can file a charge of discrimination if it is determined that you were discriminated against.

Be aware of filing deadlines. You have 180 days from the date of discrimination to file your complaint formally. That could be the date you are fired, date you were denied promotion, or date your job responsibilities changed. After the 180 days it is difficult to file a complaint. You may have up to 300 days to file a charge if there is a state or local law that provides relief for discrimination on the basis of disability. Contact the EEOC for more information.

Seek consultation from your local bar association or cancer support organization to find a qualified lawyer.

Think carefully about your goals. If you do decide to take legal action, consider all of the consequences of such an action. Ask yourself whether the sometimes long and drawn-out process of a lawsuit is worth it, and how you would feel if you lost the decision. It may be that any amount of inconvenience or heartache is worth it to you. However, it is important to examine these issues for yourself carefully, and understand the ramifications of what you are getting into. It may also be possible for you to let go of the anger and move on.