Hi Stephen,

Thanks for reaching out to us and apologies for the delayed response. We recently redesigned our website and are having some issues with the alerts when new questions come in, so I'm very sorry about that. Your question touches on a number of legal issues, as our coaches aren't legal experts I'm working on getting you an answer but this may take a little while.

In the meantime, I would recommend that you check out the National Cancer Legal Services Network as they may be able to provide some useful information for you: http://www.nclsn.org/. I would also recommend that you read our Top Three Legal Questions About Employment (the first one should address some of your questions): http://www.cancerandcareers.org/en/at-work/legal-and-financial/top-three-legal-questions

I hope this is helpful!

Best,
Sarah, Manager of Programs, Cancer and Careers

Hi Stephen, Your question raises a couple of issues. First, the Americans with Disabilities Act (ADA) is the federal law that provides individuals with disabilities protection against discrimination. It also gives qualified individuals the right to something called reasonable accommodations. The ADA applies to eligible job applicants and employees of a private employer with fifteen or more employees, or a state or local government of any size. So one thing to think about as you are looking for a new job is the size of the company. In order to use the ADA’s protections you must be an eligible employee. Eligible employees are those who are qualified, who have a disability, and who are able to perform the essential functions of the job with or without a reasonable accommodation. Under the ADA, a disability is a physical or mental impairment that substantially limits a major life activity. For example, you are currently going through treatment and are suffering from extreme fatigue and nausea that makes getting through a regular workday very difficult. From what you have shared it sounds like you would likely qualify as having a disability under the ADA. Which means you would be protected against discrimination based on your disability. Once a job offer has been made, an employer cannot rescind the offer simply because you have requested a reasonable accommodation. In addition to protection against discrimination, you may also be entitled to a reasonable accommodation. A reasonable accommodation is “any change in the work environment or in the way things are customarily done that enables an individual with a disability to enjoy equal employment opportunities.” Some practical examples of reasonable accommodations include: changing your work schedule (e.g., working from home, using technology (e.g., a smartphone), or changing workplace policy (e.g., allowing additional rest periods). Reasonable accommodations will depend on your disability and your job. It sounds like telecommuting may be a reasonable accommodation that might work for you. However, if you would like additional ideas you can contact the Job Accommodation Network (JAN), which is a program of the U.S. Department of Labor. JAN has a Searchable Online Accommodation Resource (SOAR) system that allows people to explore various accommodation options for people with different types of medical conditions in particular workplace settings (http://www.askJAN.org). For more information about the ADA and reasonable accommodations visit, http://triagecancer.org/resources/quickguides/. Or the resources that Sarah mentioned above. There are also state fair employment laws that might be helpful to consider. You don’t mention what state you are in, but some states’ laws protect individuals working for employers with fewer than 15 employees. Triage Caner has a Quick Guide to Cancer-Related Laws by State available at http://triagecancer.org/resources/quickguides, which outlines the various state laws. So the final issue to consider is when do you disclose? There is no one right answer. Prospective employers are limited in what they can ask prospective employees in an interview. You may chose not to disclose in the first interview but wait until an offer has been made to request your reasonable accommodation. Or you may decide that it’s better to disclose upfront. There are pros and cons to both tactics. For an in-depth discussion about when to disclose I highly recommend watching this webinar: http://www.cancerandcareers.org/en/community/videos/BWC/2015-webinar-online. I hope that is helpful. Best of luck! Best, Monica Bryant, Esq. Cancer Rights Attorney COO, Triage Cancer Please note that the above information is designed to provide general information on the topics presented. It is provided with the understanding that the expert is not engaged in rendering any legal or professional services in the information provided above. The information provided should not be used as a substitute for professional services.

Thank you so much for your advice and help Monica and Sarah. You've provided a lot of really helpful information, and I'll follow up with the mentioned resources.

Good Morning/Afternoon all! Happy Friday!

I wrote a few months back and am now preparing for job interviews. My situation - the abridged version - is this:
- I was diagnosed with malignant melanoma in early Nov.
- Had surgery to excise rest of the growth + Sentinel Node Biopsy in early Jan. Primary site is in the middle of my forehead.
- Results from surgery/pathology reports excellent: margins on forehead clear; no spread of melanoma; zero node involvement; chest X-Ray (lungs) clear. Probability of recurrence of this particular cancer "essentially zero" according to medical team.

Any issues I have at the moment are purely cosmetic, as we had anticipated:
- Scars on the neck, although this is improving with time
- 2"x2.5" defect on my forehead, down to the skull. Short-term graft is applied, but this wound is difficult to look at. We anticipated this. This will get better, but is a reminder of what this disease can do.
- Plan is for forehead skin expansion 14-Mar. Surgeon hesitant to estimate duration of that process.
- When complete, he'll close up the defect.

My question is: does anyone have suggestions on how to handle this situation in an interview setting?
- I will arrive at the interview with a large "Band-Aid" - flesh-toned bandage. I'm not concerned about the neck scars.
- With skin expansion, my forehead is going to grow over the next weeks such that I'll look like a neanderthal or the Incredible Hulk. We need ample skin to close the defect so forehead will expand with the expanders.
- Hence, I need a collection of hats and a good sense of humor. I'm OK - my situation is good. I am fortunate.
- I haven't said a word to interviewers about arriving with the bandage, nor have I shared diagnosis, prognosis, skin expansion, etc.

I'll be compelled to explain my appearance. I will say:
- I needed to stop my job search in November because of a health issue that demanded my time and focus.
- I verifiably have a clean bill of health. I am looking forward to working and am confident that I will be quite successful.
- I have many references who will attest to my skills and accomplishments. They already are on LinkedIn.

My appearance at the interview(s) - 2 scheduled - is one thing and I believe I can speak to that.
My future appearance for the next two months, possibly, is quite another. I don't believe I can or should duck that issue.

Finally, I'm ready to work now. I don't believe I'm "disabled", but the cosmetic issue is considerable. Could an attorney verify that my understanding is correct.

I'll appreciate any advice you can provide. Thanks for all you do. Blessings and best wishes to you and those you support.

Thanks, Jim

Sorry to have posted under Stephen's inquiry. I've since added this as a new post.

Regarding this statement made by Monica Bryant, Career Rights Attorney:
----"In order to use the ADA’s protections you must be an eligible employee. Eligible employees are those who are qualified, who have a disability, and who are able to perform the essential functions of the job with or without a reasonable accommodation. Under the ADA, a disability is a physical or mental impairment that substantially limits a major life activity. For example, you are currently going through treatment and are suffering from extreme fatigue and nausea that makes getting through a regular workday very difficult." ----

Does one need to be legally certified as disabled and what does that process look like, or is it really self-declaring (with of course adequate medical proof in case some checked (but in the world of HIPPA how could that happen?))

Hi Jon,

There is no official process that one goes through to be legally certified as "disabled" to access the protections of the ADA. However, employers are entitled to ask for medical certification to determine if you are entitled to reasonable accommodations under the ADA. But you only have to provide as much information as is needed to show you meet the definition of a disability (in other words, you may not need to share a diagnosis). There is an upcoming webinar on disclosure that gets into more details about this:http://www.cancerandcareers.org/en/community/events/webinar-disclosure

Also, more details about disclosure can be found here: http://www.cancerandcareers.org/en/at-work/legal-and-financial/top-three-legal-questions

Any information you provide to an employer about your medical condition should be kept confidential and in a file separate from your standard employee file.

Best,
Monica Bryant, Esq.
Cancer Rights Attorney
COO, Triage Cancer
Please note that the above information is designed to provide general information on the topics
presented. It is provided with the understanding that the expert is not engaged in rendering any legal or professional services in the information provided above. The information provided should not be used as a substitute for professional services.