Your Legal Rights in The Workplace

Your legal rights in the workplace.

The Americans with Disabilities Act is a federal law that most people don't understand. Many don't know that it has anything to do with diseases like cancer. However, the ADA prohibits all types of discrimination based on actual disability, a perceived history of a disability, a misperception of current disability, and a history of disability.

The act covers employers with 15 or more employees. If you have cancer, this law may cover you if you choose to disclose your diagnosis with your supervisor and require reasonable workplace accommodations.

The Americans with Disabilities Act protects eligible cancer survivors from discrimination in the workplace. It requires eligible employers to make reasonable accommodations to allow employees to function properly on the job. Accommodations may include modifying work schedules, reassigning an employee to a less physically taxing position, or providing for a comfortable chair.

It also ensures that employers must treat all employees equally. In 2008, the Americans with Disabilities Act was amended by the ADAAA (Americans with Disabilities Act Amendments Act). The amendment broadened the number of those who are eligible for protection by extending and declaring the conditions covered.

A disability, as originally defined by the ADA, is a physical or mental impairment that substantially limits a major life activity. The ADAAA, however, amends the ADA by giving a broader definition of major life activity that includes seeing, hearing, eating, sleeping, walking, breathing, and thinking.

Importantly, major life activity now also includes major bodily functions such as immune system functioning, normal cell growth, and endocrine and reproductive functions. Additionally, an individual with a disability is not deprived of the right to a reasonable accommodation merely because their condition is controlled by mitigating measures, which are things like medications or a prosthetic device, or because the condition is in remission or only arises occasionally.

The U.S. Equal Employment Opportunity Commission (EEOC) oversees the enforcement of the ADA. They publish the ADA and your employment rights as an individual with a disability, as well as many other ADA-related documents in the publications section of their website.

There are a few protections that the law provides. For more information, visit the U.S. Department of Justice ADA homepage at ada.gov and the EEOC’s page.

There's also the FMLA act, which we discussed earlier. 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.

There may also be regulations specific to your state or municipality that deal with workplace discrimination. To find out more information, contact your state Attorney General's office.

Also, seek more information on the Federal Rehabilitation Act. Visit the U.S. Access Board website. The U.S. Department of Health and Human Services can give you specifics about who is protected from discrimination and who qualifies for help.