Understanding Your Rights as a Cancer Patient
As a cancer patient, you have certain rights and protections in the workplace. The Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA) provide employees with cancer with legal protections against discrimination and wrongful termination.
These laws require employers to provide reasonable accommodations and allow employees to take time off for medical treatment, including cancer treatment, without fear of losing their jobs.
Can You Be Fired for Having Cancer?
While it is illegal for an employer to fire an employee solely because they have cancer, there are circumstances under which an employee with cancer may be terminated. If an employee is unable to perform their job duties due to their cancer or treatment, their employer may be able to terminate their employment.
However, employers must follow specific procedures and provide reasonable accommodations before making any termination decisions, and employees have the right to file a complaint with the Equal Employment Opportunity Commission (EEOC) if they believe they have been discriminated against.
Reasonable Accommodations for Cancer Patients
The ADA requires employers to provide reasonable accommodations to employees with disabilities, including cancer. Reasonable accommodations may include modified work schedules, telecommuting, or temporary reassignment of job duties.
Employers must engage in an interactive process with the employee to determine the appropriate accommodations, and employees must provide medical documentation to support their request for accommodations.
FMLA and Cancer Treatment
The FMLA provides eligible employees with up to 12 weeks of unpaid leave per year for certain family and medical reasons, including cancer treatment. Employees with cancer may use FMLA leave to receive treatment, recover from surgery, or care for a family member with cancer.
Employers must restore employees to their previous position or an equivalent position upon their return from FMLA leave, and employees must provide medical certification to support their leave request.
What to Do If You're Fired Due to Having Cancer
If you believe you have been fired due to having cancer, you should consult with an attorney who specializes in employment law. Your attorney can help you determine whether your termination was lawful and advise you on your options for seeking relief.
You may be able to file a complaint with the EEOC or your state's fair employment agency, or you may be able to pursue a lawsuit against your former employer for wrongful termination or discrimination.
Frequently Asked Questions
Can my employer fire me for taking time off for cancer treatment?
No, your employer cannot fire you solely for taking time off for cancer treatment. The FMLA and ADA provide protections for employees who need to take time off for medical treatment.
Do I have to disclose my cancer diagnosis to my employer?
No, you do not have to disclose your cancer diagnosis to your employer, but you may need to provide medical documentation to support your request for accommodations or leave.
Can I be demoted or reassigned due to my cancer?
No, your employer cannot demote or reassign you solely because of your cancer. However, your employer may be able to make changes to your job duties or work schedule if it is necessary for business reasons.
How do I request reasonable accommodations for my cancer treatment?
You should request reasonable accommodations in writing and provide medical documentation to support your request. Your employer must engage in an interactive process with you to determine the appropriate accommodations.
Can I file a complaint if I believe I've been discriminated against due to my cancer?
Yes, you can file a complaint with the EEOC or your state's fair employment agency if you believe you have been discriminated against due to your cancer.
What are my rights under the ADA as a cancer patient?
The ADA provides protections against discrimination and requires employers to provide reasonable accommodations to employees with disabilities, including cancer. You have the right to request accommodations and to file a complaint if you believe you have been discriminated against.