US Employee Rights as a Disabled American

[everydayrose]

I am not sure that many of us here in the US know and understand our rights as cancer victims that are also employees. There are many rights under the ADA that protect us from being discriminated against and/or treated unfairly. I have learned about many of these laws as I have had to face losing employment due to my own cancer. So, I thought I'd share.....and you can look any of this information up on www.eeoc.gov as well under Disbility and Accomodations.

Did you know?

1. Cancer does count as a ADA covered disability as long as it interferes with your daily activities. This definitely applies to those of use who undergo chemo or rads and have the effects of those treatments which cause us to be unable to do several daily activities...such as clean house, work, shop, etc. It covers this especially due to the risks we incur having low blood counts and neutropenia risks.

2. An employer MUST grant you an extended unpaid leave of absence if it is medically needed beyond FMLA or Short Term Disability Plans as an accomodation.

3. With the accomodation of extended leave, the employer MUST also leave the employees position open for thier return if given a "forseeable return to work" by the employers doctor. This date does not have to be exact and is able to be changed under certain circumstance that may occur. But, by letting the employer know your disability is not indefinite, gives you the protection against losing your job while being treated.

4. An employer is allowed to seperate you from employment "if" it causes them an undue hardship...ie. the cost of your insurance coverage or leaving your job open is too great for the company to run comfortably. However, this can only go on a individual basis, which may not stand up in court if questioned.

5. If a person were to be hired onto a job one day and become disabled the first day or work or while on probationj, the above #3 still applies.

6. If you ask for the accomodation of reduced work hours or a different position that was available, the employer would have to try to give that to you if it does not cause another employee any hardship, nor the company. So, if you know another position you could be doing that is open and you are the most qualified for it...they cannot deny it to you. And, if you need reduced hours or time off for treatments inbetween work hours/days, they have to grant it to you unless it causes them an undue hardship.

7. If you are unable to attend training given to your co-workers, your employer must give you any information you ask for pertaining to the training. You are still an employee even if on leave of absence and are still entitled to any information shared in your absence, by request.

8. Your absence for your disability cannot be used against you for your "performance". It can only be veiwed as time not worked.

9. Once your employer knows you have a disability, you do not have to go into detail about what it is, nor about anything you will be going through. The only information you may have to share with them, is the details on your actual "time" off. How long? How often? When return to work? etc.

10. To ask for an accomodation,a spouse or relative may do this for you as well. All they need to do is tell them you will need it and what it is you need, whether you are asking for time off or a change in your job, etc. The employers have to attempt to accomodate you and/or give you options which will help you maintain your job with being disabled. Once you ask, your job is done. You are not expected to re-ask or demand updates. If they do not follow through with the accomodations and it would not cause them an undue hardship to do so, they are violating the ADA. However, they may offer alternatives to the accomodation as long as they are fair and your are not denied priveleges in doing so.




These are just a few things I have learned through my own chaotic journey that I am still traveling through to this day. But, there are many more key factors to your protection and rights. I believe all of you that work should read up on this even if you remain working with your cancer. Anything could happen, its better to be prepared.
I have attached the information which I studied probably more than most EEOC workers themselves have ever done. If you have any thoughts or questions I am sure you will find an answer here if you just scroll through it. Its alot of info, but I keep it stored on my desktop to refer back to when needed. However, if any updates are to be made to it...I would lack those from this point on. I may re-save it ever so often to be sure I do not miss something new if any.

I hope that this information will help some of you as it has helped me in understanding why somethings aren't fair because they aren't supposed to be. And, to find out how to make things right by educating ourselves for the fight if needed.

Good luck to you all in the world of employment....YUK, right?!!


Oh, and please let me give my DISCLAIMER ....
I am not a professional...I only know what I have read.

Please refer to the original documentation from which this information stemmed for the facts. Something could be a judgement of interpretation...be for sure about it first.

I could be misinfoming you on some of this and not consciously know it....I still tend to get "chemobrain"...please take ALL I say only to further encouraging yourselves to learn more from the site listed below.

Q & A Cancer in the Workplace eeoc.gov
Allison

[ThatOneGirl]

Thanks for posting this!

[izzydoesit]

Allison,

Every cancer survivor should know about this. Important to post here, many thanks.

Kim

[everydayrose]

thanks, I just hope I help someone from having to go through the chaos that I have had to face. It's not fun,and may not always be preventable, but it can be enforced and corrected. Hope I'm doing good by posting this