Employment Law and Cancer

Where can I find out more about employment law and cancer?
For more information about employment law and cancer, including suggestions for taking action and a list of resources, visit the Lance Armstrong Foundation.

Why is knowing about employment law and cancer important to people affected by cancer?
There are many federal and state laws that cover employees and their benefits, including sick leave, health insurance and the rights of people with disabilities. Although there have been major gains in the passage of employment laws to protect people with disabilities, survivors may have concerns about being treated differently in the workplace after disclosing a cancer diagnosis.

What do I need to know about employment law and cancer?
If you do decide to tell your employer about your cancer diagnosis in order to use benefits or request a reasonable accommodation, your employer has the right to ask for documentation of your condition, such as a letter from your doctor or a completed medical certification form. However, once you tell your employer about your health condition, your disability cannot be used against you. An example might be if the employer decides to limit your job duties based on someone else's belief (not your belief) that the change is best for your health.

The law requires that any health information you give to your employer must be treated as confidential (private) with limited exceptions. One of the exceptions is that the employer can provide information to supervisors and managers if it is necessary for creating an accommodation. Remember, any information that you share with your co-workers is not protected.

Careful planning before sharing personal health information with the employer may be wise. For example, before you discuss your health situation with your employer, consider:
• When, how and what to tell your employer
• Specific information you do and do not want to share
• Your employer's possible reactions and your response
• Questions your employer may ask and how you want to respond
• Whether you want a "witness" with you when you have this discussion
• Whether you want someone else, such as your union representative, to talk to your employer for you

Decisions about disclosure and other employment matters will be unique to each survivor. Although understanding employment laws can be somewhat challenging, it is worth spending the time and energy to become familiar with how these laws may apply to your situation. If you have questions, contact your employer's human resource department, the federal and state agencies that cover employment laws or an attorney who specializes in this area.

What steps should I take to address employment law and cancer?
If you believe that you are in need of protection that is provided by an employment law, there may be a number of ways to address your concerns. For example, you may be able to work with your employer to have reasonable accommodation(s) made at work so you can keep your current job. Your employer may also be willing to help you maintain health and disability benefits as you go through treatment and your recovery process.

Depending on your situation, you may decide that a new job with the same employer or with a new employer would be the best solution. In some situations it may even be necessary for you to take legal action. Each individual will have unique needs and preferences for solutions that are best for his or her specific situation.