YOUR LEGAL RIGHTS IN THE WORKPLACE

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.

A federal law that most people have heard of, but don't usually think has anything to do with a disease like cancer is the Americans with Disabilities Act (ADA). However, the ADA prohibits all types of discrimination based on:

• Actual disability
• A perceived history of a disability
• A misperception of current disability
• History of disability

From July 1992 to July 1994, the act covered employers with 25 or more employees. After July 1994, ADA covers employers with 15 or more employees. If you have cancer, this law covers you if: 1) you choose to disclose you diagnosis to your supervisor, and 2) require reasonable workplace accommodations.

The ADA requires:

• Employers may not discriminate against a person with cancer or a person with a history of cancer.

• Employers to make "reasonable accommodations" in the workplace for qualified employees with a disability.

• An individual with a disability to be able to perform the "essential functions" of the job with or without reasonable accommodation.

• Employers may ask only job-related medical questions.

• Employers to treat all employees the same. For example, if all employees receive health insurance, the employee with a disability must also be given health insurance. Likewise, if no employees are insured, then the employer is not required to provide health coverage to an employee with a disability.

The Equal Employment Opportunities Commission (EEOC) enforces the ADA. The EEOC web site provides comprehensive information on the commission, including how to file a complaint and a list of your local EEOC offices. Remember, there is a 180-day statute of limitations on filing complaints, beginning on the date you claim to have been discriminated against. If the court finds in favor of your complaint, the remedy may include back pay, an injunction, and/or attorney's fees.

For comprehensive information about the ADA, visit the Department of Justice web site. Although reading about this information may at times seem fairly straight forward, decisions about discrimination in the workplace are often complex. Consult the EEOC or a legal expert with any questions or doubts about your situation.

The Family Medical Leave Act of 1993 (FMLA) gives you the right to take time off due to illness or caring for an ill dependent without losing your job. This law:

• Applies to employers with 50 or more employees.

• Can be used to provide leave for people with illness like cancer (medical leave) or caregivers (family leave).

• Provides 12 weeks of unpaid leave for serious illness. The 12-week leave does not have to be taken all at once. Time can even be taken in blocks, such as several hours a day.

• Allows you to use accrued paid annual leave or possibly accrued sick leave during your family or medical leave.

• Does not require your employer to reinstate you if you take off more than 12 weeks leave in a year.

• Defines family members as your parent, your child (including adult children who are unable to care for themselves) or your spouse

• In general defines a serious health condition as:

  • Being incapacitated for more than three consecutive days
  • Having gone to see a doctor or other health care provider at least once
  • Being under a regimen of continuing treatment (cancer is an example of a condition generally considered serious)

• Allows your employer to request a medical certification by a doctor or other health care provider

To learn more about the FMLA, talk to your department of human resources or click here. For a free copy of a helpful publication entitled The Guide to Family and Medical Leave Act: Questions and Answers published by the National Partnership for Women & Families, click here.

The Federal Rehabilitation Act, like the ADA, prohibits employers from discriminating against employees because they have cancer. This act however, applies only to employees of the federal government, as well as private and public employers who receive public funds.

For more information on The Federal Rehabilitation Act, contact the Access Unit, Civil Rights Division, Department of Justice.

There also may be regulations specific to your state or municipality that deal with work place discrimination. To find out more information, contact your state attorney general's office.