![]() Title I of the ADA limits an employer's ability to ask questions related to cancer and other disabilities and to conduct medical examinations at three stages: pre-offer, post-offer, and during employment. 10 OBTAINING, USING, AND DISCLOSING MEDICAL INFORMATION 9 Finally, an individual is covered under the third ("regardedĪs") prong of the definition of disability if an employer takes a prohibited action (for example, refuses to hire or terminates the individual) because of cancer or because the employer believes the individual has cancer. Second part of the definition of disability because they will have a record of an impairment that substantially limited a major life activity in the past. 8 Similarly, individuals with a history of cancer will be covered under the Even when the prognosis is excellent, some employers expect that a person diagnosed with cancer will take long absences from work or be unable to focus on job duties.Īs a result of changes made by the ADAAA, people who currently have cancer, or have cancer that is in remission, should easily be found to have a disability within the meaning of the first part of the ADA's definition of disability because theyĪre substantially limited in the major life activity of normal cell growth or would be so limited if cancer currently in remission was to recur. Often, employees with cancer face discrimination because of their supervisors' and co-workers' misperceptions about theirĪbility to work during and after cancer treatment. 7ĭespite significant gains in cancer survival rates, people with cancer still experience barriers to equal job opportunities. Treatment are pain, fatigue, problems related to nutrition and weight management, nausea, vomiting, hair loss, low blood counts, memory and concentration loss, depression, and respiratory problems. The most common symptoms and side effects of cancer and/or 6Ĭancer's effect on an individual depends on many factors, including the primary site of the cancer, stage of the disease, age and health of the individual, and type of treatment(s). Remission, while others still had evidence of cancer and may have been undergoing treatment. 5 Some of these individuals had cancers that were not "active," or in 4 In 2008, the last year for which incidence data is available, more than 12 million Americans were living with cancer. how an employer can ensure that no employee is harassed because of cancer or any other disability.Ĭancer is a group of related diseases characterized by the out-of-control growth of abnormal cells caused by both external and internal factors, such as chemicals, radiation, immune conditions, and inherited mutations.how an employer should handle safety concerns about applicants and employees with cancer and.what types of reasonable accommodations employees with cancer may need.when an employer may ask an applicant or employee questions about his cancer and how it should treat voluntary disclosures.This document, which is one of a series of question-and-answer documents addressing particular disabilities in the workplace, 3 explains how the ADA applies to job applicants and employees who have or had cancer. Equal Employment Opportunity Commission (EEOC) enforces the employment provisions of the ADA. ![]() Some of these state laws may apply to smaller employers and may provide protections in addition to those available under the ADA. Most states have their own laws prohibiting employment discrimination on the basis of disability. Section 501 of the Rehabilitation Act provides similar protections related to federal employment. Title I of the ADA covers employment by private employers with 15 or more employees as well as state and local government employers. Individuals withĭisabilities include those who have impairments that substantially limit a major life activity, have a record (or history) of a substantially limiting impairment, or are regarded as having a disability. The Americans with Disabilities Act (ADA), which was amended by the ADA Amendments Act of 2008 ("Amendments Act" or "ADAAA"), is a federal law that prohibits discrimination against qualified individuals with disabilities.
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