Cancer Discrimination Lawyers

Cancer is a disability under the ADA when it or its side effects "substantially limits" one or more of a person's "major life activities."  The courts vary from state to state, but most are fairly open minded about what constitutes a major life activity.  It can be something as extreme as being unable to walk or have children, to something as subtle as being unable to do chores around the house. 

Even when the cancer itself does not substantially limit any major life activity (such as when it is diagnosed and treated early), it can lead to the occurrence of other impairments that may be disabilities.  Depression is often a side effect of having cancer treatments, and if it is severe enough to interrupt your normal life, then it is probably a disability under the ADA.

No!  Unless the employer has a direct reason to believe that your condition is posing a direct threat to safety of you and/or others, an employer may not ask questions about  your medical condition nor require you to have a medical examination before he hires you.  This means that an employer cannot ask you questions such as:

• whether you have or have ever had cancer
• whether you are undergoing chemotherapy or radiation
• whether you have ever taken leave for surgery or medical treatment, or how much sick leave you have taken in the past year.

However, an employer may ask you how you are feeling if you appear to be sick, or he may ask you questions pertaining to your ability to do your duties, like:

• whether you are able to lift certain amounts of weight
• whether you are able to travel
• whether you can work certain shifts.

But!  If you need a reasonable accommodation in your work, as provided by the ADA, then you will have to disclose the reason why.  It is still, however, illegal for the employer to act against you because of this information.  

What Can an Employer Ask About an Employee's Cancer?

According to the EEOC, an employer may ask an employee with cancer only:

• For information, including reasonable documentation, explaining the need for a reasonable accommodation requested because of cancer
• For medical information that is part of a voluntary wellness program
• To justify the use of sick leave by providing a doctor's note or other explanation, as long as all employees are treated in this manner
• For periodic updates on his condition if the employee has not provided an exact or fairly specific date of return

I Have a Family Member with Cancer, Do I Have Any Employment Protection?

You do! Discrimination against the significant others and family members of people with cancer is illegal. The Americans with Disabilities Act (ADA) protects persons who are discriminated against because they have a close relationship with someone that has a disability. Therefore the ADA will protect anyone who is denied a job or fired because anyone close to them has cancer. 

I Have Been Discriminated Against Because of my Cancer Condition: How Can an Attorney Help?

Consulting with an employment law or civil rights attorney will be of great benefit to you.  If your employer has taken some negative action against you because of your cancer or history of cancer, or if he has leaked information about your condition to other employees, it is important that you contact an employment discrimination attorney immediately.  An attorney can explain what rights you have in detail, tell you about what kind of remedies you can get from your employer.  But time is limited on these kinds of cases, so it's important that you consult an attorney as soon after the incident as possible.