Employment Law

Survivors can benefit from the many protections provided by federal and state employment laws, including sick leave, health insurance and the rights of people with disabilities. If you have concerns about being treated differently in your place of employment because of your cancer diagnosis or medical history, you should be aware of the protections that are provided by law. Understanding employment law is also important if you are changing jobs, returning to work or unable to continue working.

Employment Law: Detailed Information

This information is meant to be a general introduction to this topic. The purpose is to provide a starting point for you to become more informed about important matters that may be affecting your life as a survivor and to provide ideas about steps you can take to learn more. This information is not intended nor should it be interpreted as providing professional medical, legal and financial advice. You should consult a trained professional for more information. Please read the Suggestions and Additional Resources documents for questions to ask and for more resources.

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.

A survivor may benefit from the protections that are provided by employment laws and should know how those laws apply to specific situations. For example, while going through cancer treatment, you may find that it is necessary to take time off from work for medical appointments or even to stop working for a period of time. Understanding employment law can be helpful if you want to find a new job or return to work but have concerns because of your diagnosis or medical history. Understanding the protections that are provided by law is also important if you are changing jobs or are unable to continue working.

The information covered in this document is complex, so it may be helpful to review and discuss your questions with someone who is knowledgeable about employment law. This document provides information about disclosure and privacy issues, as well as an overview of the following six employment laws that most commonly apply to survivors.

1. Americans with Disabilities Act (ADA): Provides wide protections to people with disabilities in the workplace and requires that most employers provide reasonable accommodations to qualified individuals.
2. Rehabilitation Act of 1973, as amended (Federal Rehabilitation Act): Extends many of the protections of the ADA to employees of the federal government.
3. Family and Medical Leave Act (FMLA): Allows employees to take up to 12 weeks of unpaid leave in a year to take care of their own health needs or the health needs of a qualified family member.
4. Consolidated Omnibus Budget Reconciliation Act (COBRA): Allows certain employees of a qualified employer and their covered family members to continue their health insurance coverage for a specified period of time following a qualifying event, such as leaving a job.
5. Health Insurance Portability and Accountability Act (HIPAA): Limits the situations in which health insurance policies can refuse coverage of health conditions that started before the health insurance policy took effect (pre-existing conditions) and provides protections for renewability and availability of health insurance.
6. Employee Retirement Income Security Act (ERISA): Prevents employers from firing or discriminating against an employee who exercises any rights provided by an employee benefit plan, including health insurance.

Disclosure and Privacy

"Disclosure" is a legal term that is used here to describe when you disclose or reveal information about your health condition to your employer. Keep in mind that you do not have to disclose any information about your health status to your employer if you do not require any accommodations for your job. On the other hand, unless you have disclosed your health condition to the employer, you are not protected by the ADA and do not have the right to request accommodations.

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.

Handling Employment Concerns

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.

The descriptions that follow cover the general provisions (rules and conditions) of each of the six most commonly used employment laws and how these laws might affect the employment rights of survivors.

Americans with Disabilities Act (ADA)

 

The Americans with Disabilities Act (ADA) prohibits discrimination against people with disabilities in employment, transportation, public accommodation, communications and governmental activities. In general, you cannot be discriminated against because of your disability. The employer must not treat you differently than the other employees in your company, and reasonable accommodations to your job may be required to help you keep working.
Definitions Used Within This Law	Disability is defined as a physical or mental impairment that substantially limits or restricts a major life activity, such as hearing, seeing, speaking, walking, breathing, performing manual tasks, learning, working or caring for yourself. Cancer is a disability under the ADA when it or its side effects substantially or significantly limit one or more major life activities. Even when the cancer itself does not cause an inability to perform any major life activity, the stress of managing cancer and its treatment can lead to other impairments that may be classified as a disability. For example, an emotional condition, such as depression, may develop as a result of the cancer, treatment or both. If the depression lasts long enough and substantially limits a major life activity (such as interacting with others, sleeping or eating), it is possible that the emotional condition can become a disability. Reasonable accommodation is a requirement of the ADA to provide adjustments or modifications to the work environment to enable people with disabilities to enjoy equal employment opportunities, unless doing so would be an undue hardship (be very difficult or expensive) for the employer.
Employment Protections Provided	The ADA prohibits private employers, state and local governments, employment agencies and labor unions from discriminating against qualified individuals with disabilities in: Job application procedures Hiring Job advancement Compensation Job training Other terms, conditions and privileges of employment An employer covered by the ADA cannot ask questions about your health, only about your ability to perform the essential functions of the job. The law requires the employer to keep any medical information confidential unless necessary for reasonable accommodation, first aid and safety, investigation of ADA compliance or insurance purposes. The ADA requires that employers provide reasonable accommodations to enable people with disabilities to have equal employment opportunities.
Who is Covered	Federal law specifies that the ADA applies to employers with 15 or more employees. Some states have laws that extend ADA protections to employers with fewer employees.
What is Covered	Survivors may be provided accommodations such as: Medical leave Periodic breaks or a private area to rest or take medication Adjustments to a work schedule Permission to use a work telephone to call doctors Redistribution of some job tasks Reassignment to another job if there is a vacancy and the survivor is qualified Modifying equipment, such as specially designed desks, chairs and computers The ADA prohibits harassment based on disability. The ADA encourages the modification of equipment or devices, examinations, training materials or policies as needed, as well as the provision of qualified readers or interpreters for individuals with visual or hearing impairments.
Important Facts	Employers cannot ask job applicants about the existence, nature or severity of a disability. An employee is not under any obligation to disclose health information. Keep in mind that an employer is not required to lower quality or production standards to make an accommodation for an individual. An employer and employee can identify and review all of the essential job functions to determine whether a request by the employee to work at home can be granted as a reasonable accommodation. If a reasonable accommodation (such as providing certain equipment) costs money, the cost is paid for by the employer. If an accommodation involves an employee doing less work or working fewer hours, the employer may pay the employee less. However, insurance benefits may not be decreased. A job offer may be made based on the results of a job-related medical examination, but only if the examination is required for all employees starting similar jobs.

Under ADA, once you have been hired and are working, your employer cannot require that you take a medical examination or ask questions about your health unless the questions are related to your job and are necessary for the conduct of your employer's business. Your employer may conduct voluntary medical examinations that are part of an employee health program or screening, but the results of all medical examinations must be kept private and maintained in separate medical files.

If you find it necessary to request reasonable accommodations from your employer, include the following steps in your process:
1. Carefully consider the required duties of your job and identify how reasonable accommodations will positively affect your ability to do the work.
2. Define what is needed and explain the reasons for your request for accommodations to the human resources department.
3. If the employer objects to your request, discuss the matter further to see if there is an alternative that works for both of you.
4. Once an agreement is reached, confirm that the accommodations will be made within a reasonable amount of time by the employer.
5. Write down information about discussions and the agreements reached with your employer. Keep notes of all conversations, expenses, activities and the dates when they occurred so that you can refer to this record later if necessary.
6. If you need a reasonable accommodation in the workplace, start by discussing your specific needs and concerns with the human resources department. Keep in mind that you are not entitled to receive reasonable accommodations unless you have made a formal request.
7. You may find it helpful to have someone with you to be a witness during any meetings or discussions related to your request for reasonable accommodations.

Rehabilitation Act of 1973, as amended (Federal Rehabilitation Act)

 

The Rehabilitation Act of 1973, also called the Federal Rehabilitation Act, prohibits discrimination and requires that employers take affirmative steps to recruit, hire, retain and promote qualified individuals with disabilities. This law also requires that covered employers take positive action to employ qualified people with disabilities. Discrimination is prohibited in federal employment, in programs conducted by federal agencies, in programs receiving federal financial assistance such as grants and in the employment practices of federal contractors and consultants with contracts of more than $10,000.
Definitions Used Within This Law	An individual with a disability has a physical or mental impairment that substantially limits one or more major life activities. A qualified individual with a disability meets the job-related requirements of a certain job and can perform the essential job functions of that position, with or without reasonable accommodation.
Employment Protections Provided	Covered employers must make an effort to hire and retain qualified individuals with disabilities. Protections apply to the full range of employment and personnel practices, such as recruitment, hiring, rates of pay, promotions and selection for training. Covered employers are required to make reasonable accommodations for the known physical or mental limitations of qualified individuals with disabilities, unless it would create an undue hardship to the financial well-being of the business.
Who is Covered	Section 501 prohibits discrimination by federal agencies and the executive branch. Section 503 prohibits discrimination by federal government contractors and subcontractors with contracts of more than $10,000. Section 504 prohibits discrimination by any program activity that receives federal financial assistance or that is run by any executive agency or the U.S. Postal Service. Section 508 requires that federal electronic and information technology be accessible to people with disabilities.
What is Covered	The Office of Federal Contract Compliance Programs (OFCCP) within the Department of Labor's Employment Standards Administration investigates possible violations either through compliance evaluations or in response to complaints. A covered employer may be ordered to provide appropriate relief such as back pay, benefits and restoration of employment status for the person who experienced the discrimination. Depending on the situation, violations could result in suspension, cancellation or termination of the employer's contracts.
Important Facts	More detailed compliance assistance information, including written materials that explain the regulation, may be obtained from the Web site of the OFCCP.

Family and Medical Leave Act of 1993 (FMLA)

 

The FMLA gives certain employees of qualified employers the right to request up to 12 weeks of unpaid leave for a serious health condition or to care for a qualified family member with a serious health condition. The FMLA allows you to maintain your status as an active employee during your leave while your employer continues to pay toward your health insurance coverage. You may later be able to return to the same position or to one that is equal in level of responsibilities, pay and benefits. However, if you are unable to perform an essential function of the same or equivalent job because of a physical or mental condition, the FMLA does not require the employer to provide you with another job.
Definitions Used Within This Law	Continuing treatment by a health care provider is defined as: 1) incapacity of more than three consecutive calendar days requiring treatment as specified by the FMLA 2) any period of incapacity due to pregnancy or prenatal care or treatment of a chronic serious health condition 3) permanent or long-term incapacity 4) any period of absence needed to receive multiple treatments or medical care that is likely to require an absence of more than three consecutive calendar days (such as for cancer treatment) Eligible employee is: 1) an individual employed by a covered employer (with 50 or more employees) and working at a worksite within 75 miles of the covered employer 2) an employee who has worked at least 12 months (does not have to be consecutive) for the qualified employer and who has worked at least 1,250 hours during the 12 months immediately prior to the date the FMLA leave begins Qualified Family Member is defined as a husband, wife, father, mother, son or daughter. If you want to care for someone other than those family members, you may request leave but it is up to the employer whether or not to grant the request. Inpatient care means at least one overnight stay at a health care facility and includes any related period of incapacity or subsequent treatment related to the inpatient care. Intermittent leave is taken in separate blocks of time due to a single reason. Serious health condition is defined as an illness, injury, impairment or physical or mental condition.
Employment Protections Provided	FMLA provides up to 12 weeks of job-protected, unpaid leave during any 12-month period for any of the following reasons: Birth and care of the employee's child, or placement of a child with the employee for adoption or foster care Care of an immediate family member (spouse, son, daughter, parent) who has a serious health condition Care of the employee's own serious health condition that keeps the employee from being able to perform one or more of the essential functions of his or her job If the leave is for an employee's own health condition, the leave does not have to be taken all at one time. The 12 weeks of leave can be taken intermittently, meaning it can be spread out over the course of a 12-month period. The employer can count paid benefits such as vacation, sick leave and personal days as part of the leave, or the employer can add those days to the leave, depending on the employer's policy.
Who is Covered	The FMLA applies to any employer in the private sector who has had 50 or more employees each working day during at least 20 calendar weeks in the current or preceding calendar year. Some states provide protections that are similar to the FMLA for employees of non-qualified employers. Contact your state Department of Labor for further information. The law covers all public agencies (state and local governments) and local education agencies (public and private schools). These employers do not have to meet the "50 employee" test described above. Employers are required to post a notice for employees outlining the basic provisions of the FMLA. Employers are prohibited from discriminating against or interfering with employees who take FMLA leave.
What is Covered	If an employee was receiving group health benefits when leave began, the employer must maintain those benefits at the same level during FMLA leave. Accrued paid vacation, sick, and personal leave may be used by an employee during periods of FMLA leave, and some employers will require that such leave be used. Employees may take FMLA leave in intermittent blocks of time when medically appropriate. When possible, an employee must give the employer at least 30 days notice or as much notice as is possible and provide the requested medical certification. An employee returning from FMLA leave is to be restored to the same or equivalent job. This is typically defined as a job with pay, benefits and responsibilities at the same levels as existed when the leave began.
Important Facts	An employer may require written proof (medical certification) of a serious health condition from the employee's health care provider. They may also require periodic reports during the medical leave including current status, "fitness-for-duty certification" and updates on the employee's intent to return to work. The FMLA provides that eligible employees of covered employers have a right to take up to 12 weeks of job-protected leave in any 12-month period for qualifying events without interference or restraint from their employers. The employer decides whether that time period is based on the calendar year or from the time the medical leave request is made. FMLA leave may be intermittent, or used to change an employee's schedule for a period of time, such as from full-time to part-time. Employees have the right to file a complaint with the Wage and Hour Division of the Department of Labor's Employment Standards Administration, file a private lawsuit under the FMLA, or cooperate with an investigation or lawsuit without being fired or discriminated against. Employers are not required to pay you while you are on FMLA leave. However, you will be paid for any sick time, vacation time or personal time that you are using as part of your leave. The employer must keep your existing level of coverage in a group health plan, including existing premiums. For example, if the employer has been paying 80 percent of the premium, it must continue to do so. Following the 12 weeks of leave, the employer can convert your coverage to COBRA. If you have been paying part of the health insurance premium, and you stop paying your share, the employer does not have to continue to pay for its share of the premium.

You may be covered by the FMLA if you meet the following requirements:

• You work for an employer with 50 or more employees, or for a state or local government.

• You have been employed by the employer for at least 12 months and worked for a required number of hours.

• You provide a certification form (that has been completed by you and your health care provider) for the leave that is covered under the law.

• You are not designated as a "key" employee whose job is generally considered to be essential to the operation of the company. Key employees are typically in the top 10 percent salary range of the company's employees.

Talk with your human resources administrator as soon as you realize that you may need to take time off from work to receive medical treatment. He or she will provide you with the necessary medical certification, as well as a detailed description of your rights and responsibilities while on FMLA leave.

There may be other requirements that affect whether or not you are covered by FMLA. If it appears that you are not covered, check with your human resources department or your State Department of Labor to see if you are eligible for coverage under a similar state law.

Consolidated Omnibus Budget Reconciliation Act (COBRA)

COBRA provides workers and their family members covered by the plan with the right to choose to continue group health benefits for limited periods depending on the qualifying event. Coverage is provided under certain circumstances, such as voluntary or involuntary job loss, reduction in the hours worked, transition between jobs, death, divorce, loss of dependent status and other life events.
Definitions Used Within This Law	Continuation coverage is a temporary extension of health coverage that applies in certain cases where coverage would otherwise end. Qualifying event is the reason you are applying for COBRA coverage, such as being fired from a job, having your work hours reduced either voluntarily or involuntarily, becoming disabled, or losing health care coverage because of a divorce or death of a spouse.
Employment Protections Provided	COBRA outlines how employees and family members can choose to continue insurance coverage after a qualifying event. Employers and plans are required to provide timely notice of the option to continue insurance coverage (at the expense of the former employee or their spouse) to employees and family members.
Who is Covered	In most cases, group health plans sponsored by employers with 20 or more employees in the prior year are covered by COBRA.
What is Covered	COBRA provides the right to continue health coverage for an employee and qualified beneficiaries at their own expense for a specified time (usually 18, 29 or 36 months) in a case where coverage might be lost, such as termination of employment. COBRA provides specific notification requirements to the employee, employer and/or plan administrations. This includes notification of the qualifying event and the notification to the beneficiaries of their right to elect to continue their coverage under COBRA.
Important Facts	Health insurance plans must give covered individuals an initial general notice informing them of their rights under COBRA and describing the law. If you want to obtain an extension of health coverage under COBRA, you must notify the plan administrator within 60 days of the qualifying event, or within 60 days of the date when you were notified of your rights by your employer, whichever is later. Qualified individuals may be required to pay the entire premium for coverage up to 102 percent of the cost of the plan. When an employee covered under an employer-sponsored health plan legally separates, divorces or dies, the covered spouse and dependent children may be eligible to purchase temporary extended health coverage for up to 36 months. The cost will be higher because the employer will no longer pay a portion, but it is usually less costly than the coverage they might obtain on their own. The plan is required to notify the eligible spouse and dependent children of their right to purchase temporary extended health care coverage. Eligible individuals are required to make their COBRA selection within 60 days of the date they were notified of their rights by their employer. The employer must notify the plan within 30 days if an employee who is covered by the COBRA plan dies. If there is a divorce or legal separation, the covered employee or spouse are responsible for notifying the plan in writing within 60 days. If eligible for a disability extension, the qualified beneficiary can be required to pay up to 150 percent for the additional time period.

Health Insurance Portability and Accountability Act (HIPAA)

 

HIPAA provides rights and protections for participants and beneficiaries in group health plans. This law makes it easier for survivors to continue their health insurance coverage when they change jobs. Before HIPAA, many insurance plans applied "pre-existing condition exclusions," which meant that the plan would not pay for treatment of some conditions that were diagnosed before the plan took effect.
Definitions Used Within This Law	Creditable coverage is coverage under a group health plan, including COBRA, HMO, an individual health insurance policy, Medicaid or Medicare. Typically, you receive creditable coverage if you had insurance coverage that occurred without a break in coverage of 63 days or more. Coverage you had prior to a break in coverage of 63 days or more may not be credited against a pre-existing condition period. Check with your State Insurance Commissioner's office for information specific to your state. Enrollment date is your first day of coverage, or if there is a waiting period, the first day of your waiting period (typically, your date of hire). Portability is the ability to move and continue health insurance coverage connected with employment.
Employment Protections Provided	HIPAA gives employees the right to: Receive important information about their pension or health benefit plans Participate in timely and fair processes for benefit claims Elect to temporarily continue group health coverage after losing coverage Receive certificates verifying health coverage under a plan Recover benefits due under the plan
Who is Covered	HIPAA contains protections for health coverage offered in connection with employment (group health plans) and for individual insurance policies sold by insurance companies.
What is Covered	HIPAA includes protections for coverage under group health plans that: Limit the length of time of exclusions for pre-existing conditions Prohibit discrimination against employees and dependents based on their health status In some cases, allow a special opportunity for individuals to enroll in a new plan HIPAA also includes protections for individual policies that: Provide access to individual policies for people who qualify Limit pre-existing condition exclusions Provide the right to renew individual policies
Important Facts	Creditable coverage does not include coverage consisting solely of benefits such as dental or vision. Days in a waiting period during which you have no other coverage are not considered creditable coverage. Under HIPAA, the only pre-existing conditions that may be excluded are those for which medical advice, diagnosis, care or treatment was recommended or received within the 6-month period ending on your enrollment date. If you had a medical condition in the past, but have not received any medical advice, diagnosis, care or treatment for it within the 6 months before your enrollment date in the plan, your old condition is not a pre-existing condition to which exclusion can be applied as long as you have not had a lapse in coverage of greater than 63 days. If an employee has not had creditable health insurance coverage prior to accepting group health insurance, those conditions for which he or she sought medical advice, diagnosis, care or treatment can be held as a pre-existing condition for a period of 12 months. Check with your State Insurance Commissioner's Office to see whether a shorter "look-back" period applies to your situation. This is the period of time prior to the effective date of coverage during which the insurer is allowed to look back for pre-existing medical conditions. Under HIPAA, employees who accept a group health insurance plan will not be given pre-existing condition exclusion if they have had continuous health insurance coverage for 12 months without a lapse in coverage of greater than 63 days.

An employee may be covered by HIPAA if he or she meets certain requirements including:

• The employee accepts a job with a new employer that offers a group health insurance policy.

• Before taking a new job, the employee was covered by health insurance (had "creditable coverage") for at least 12 months.

• No more than 63 days pass between the end of the previous health insurance coverage and the start of the employee's new coverage.

• The last health insurance plan was not cancelled because of nonpayment of premiums or other illegal activity by the employee.

• If the employee had a chance to continue health insurance under COBRA or a similar state plan, the coverage was continued, but is now terminated.

Employee Retirement Income Security Act (ERISA)

 

ERISA provides certain protections to health benefit plan participants and beneficiaries. It also provides protections for individuals and their families who have pre-existing medical conditions or might otherwise experience discrimination in health coverage based on health factors. Under this law, an employer cannot discriminate against or fire an employee who exercises any rights under an employee benefit plan, including health insurance.
Definitions Used Within This Law	Pension plans are a type of employee benefit plan established and maintained to provide retirement income, or to defer income until termination of covered employment or beyond. Welfare plans provide health, disability and life insurance, as well as other benefits.
Employment Protections Provided	Gives employees certain protections including: The right to receive important information about the company's pension or health benefit plans The right to participate in timely and fair processes for benefit claims To right to temporarily continue group health coverage after losing coverage The right to receive certificates verifying health coverage under a plan The right to recover benefits due to them under the plan
Who is Covered	ERISA covers most private sector employee benefit plans. These plans are established and maintained by an employer, an employee organization, or jointly by one or more employers and an employee organization.
What is Covered	ERISA requires those that manage and control the plan funds to: Manage plans for the exclusive benefit of participants and beneficiaries Operate efficiently and cost-effectively and avoid conflict-of-interest transactions Comply with limitations on certain plans' investments Fund benefits in accordance with the law and plan rules Report and disclose information on the plan to the government and plan participants Provide documents to ensure compliance with the law
Important Facts	ERISA does not generally cover plans established or maintained by governments or churches for their employees, or plans that are maintained only to comply with workers' compensation, unemployment or disability laws.

Keep in mind that employment laws are constantly being refined through legislative acts and through the courts. For this reason, you may want to seek specific advice from the enforcing government agency or from an attorney who specializes in employment law. You can also do research on your own through the information that is provided on various government-sponsored Web sites, such as those of the U.S. Department of Labor or the U.S. Equal Employment Opportunity Commission.

This document was produced in collaboration with:

David S. Landay, Esq., author of Be Prepared: The Complete Financial, Legal and Practical Guide for Living with Cancer, HIV and Other Life-Challenging Conditions.

Works Cited

Hoffman, Barbara, ed. National Coalition for Cancer Survivorship. A Cancer Survivor's Almanac: Charting Your Journey, 3d Edition. Hoboken: John Wiley and Sons, 2004.

Landay, David S. Be Prepared: The Complete Financial, Legal and Practical Guide to Living with Cancer, HIV and Other Life-Challenging Conditions. New York: St. Martin's Press, 1998.

U.S. Department of Justice, Civil Rights Division, Disability Rights Section. A Guide to Disability Rights Laws. September 2005.

U.S. Department of Labor. Disability Resources and Summary of the Major Laws of the Department of Labor. May 2006.

U.S. Department of Labor. "Summary of the Major Laws of the Department of Labor," "Life Changes Require Health Choices: Know Your Benefit Options," "Continuation of Health Coverage - COBRA," "Americans with Disabilities Act," Portability of Health Coverage (HIPAA)," "Employee Retirement Income Security Act (ERISA)," "Family and Medical Leave Act of 1993 (FMLA)" and "Rehabilitation Act of 1973, as amended." 5 May 2006.
www.dol.gov

The U.S. Equal Employment Opportunity Commission. The Americans with Disabilities Act of 1990, Titles I and V, as amended. 5 September 2006.

The U.S. Equal Employment Opportunity Commission. The Family and Medical Leave Act, the Americans with Disabilities Act and Title VII of the Civil Rights Act of 1964. July 2006.

The U.S. Equal Employment Opportunity Commission. "Questions and Answers About Cancer in the Workplace and the Americans with Disabilities Act (ADA)" and "Work at Home/Telework as a Reasonable Accommodation." 5 May 2006.
www.eeoc.gov

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Employment Law: Suggestions

The suggestions that follow are based on the information presented in the Detailed Information document. They are meant to help you take what you learn and apply the information to your own needs. This information is not intended nor should it be interpreted as providing professional medical, legal and financial advice. You should consult a trained professional for more information. Please read the Additional Resources document for links to more resources.

Talk with family and friends to see what employment options will work best for you and for your health care team or caregivers.

Discuss complex questions about your employment situation with someone who is knowledgeable about employment law.

Consider the advantages and disadvantages of whether you want to disclose your cancer diagnosis to your employer.

Consider these questions:

• Would talking with your employer reduce stress and open the door to better communication with your employer?

• Would telling your employer add to your fear of rejection, a loss of privacy, or even the loss of your job?

• When would be the best time to disclose your health condition?

• What would be the best way to share the information about your health?

• Who would be the best (and most appropriate) person to share this personal information with?

Talk with your human resources administrator or department to understand what laws apply to your employment situation and how these laws may affect you. Keep written notes of all those conversations, including the date, the name of the person you talked with and important information about what was said.

If you decide to disclose your cancer diagnosis to your employer, write down what you want to say and go over it with family and friends to get their feedback before meeting with your employer.

• Practice what you want to say until you are comfortable, and try to avoid sharing too much detail or personal information.

• When you speak with your employer, you may find it helpful to think of the conversation as a discussion in which you are trying to find a solution that works for everyone, rather than a situation in which you are demanding a certain result.

• Keep in mind that your employer is likely to take cues from your attitude and confidence about whether you will be able to continue as an employee. Your employer will probably want to know:
  
  o Whether you will be able to continue working
  o If you can continue to work, whether you will be able to continue to perform the duties of your job as well as before cancer
  o If you need to take time off from work for treatment, whether you are planning to return to your job

When considering the need for a request for an accommodation in your work situation, think about changes or adjustments (permanent or temporary) that would help you continue to perform the essential functions of your job.

Ask yourself:

• Do you need changes to your work environment?
• Could you change duties with another worker?
• Do you need a different work schedule?

Before talking with your employer about a request for reasonable accommodations, think about your request from your employer's point of view. Identify the advantages and disadvantages of each possible accommodation. Consider how your accommodation will affect your co-workers and clients or customers.

If you have questions about whether an accommodation you need at work is reasonable, or if you are not sure if your employer is giving you fair treatment, contact appropriate state or federal agencies that will assist you with your employment concerns (such as the Department of Labor or the Equal Employment Opportunity Commission).

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Employment Law: Additional Resources

 

The resources listed below provide more detailed information and support services to help you with employment law. Please read the Detailed Information and Suggestions document for more information and questions to ask.

Click a resource for more information:

• Americans with Disabilities Act
• Cancer Legal Resource Center (CLRC)
• Disabilityinfo.gov
• Equal Employment Opportunity Commission
• LIVESTRONG Navigation Services
• U.S. Department of Health and Human Services-Office for Civil Rights
• U.S. Department of Labor

Americans with Disabilities Act
www.ada.gov

 

Phone:

1-800-514-0301 TTY for deaf and hearing impaired callers: 1-800-514-0383 Calls are answered Monday, Tuesday, Wednesday and Friday from 9:30 a.m. to 5:30 p.m. (EST), and on Thursday from 12:30 to 5:30 p.m. (EST).

This Web site is sponsored by the U.S. Department of Justice and provides information about requirements and rights covered by the Americans with Disabilities Act (ADA). Information includes a guide to disability rights laws, common questions about ADA and links to other federal agencies that have ADA information. The site also provides information about the ADA Mediation Program, which can help people resolve ADA-related problems.

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Cancer Legal Resource Center (CLRC)
www.disabilityrightslegalcenter.org

 

Email:	clrc@lls.edu
Phone:	1-866-THE CLRC (1-866-843-2572) TTY for deaf and hard of hearing callers: 213-736-8310

The Cancer Legal Resource Center (CLRC) provides information and resources on cancer-related legal issues to survivors, their families, friends, employers, health care professionals, and others coping with cancer. The CLRC offers information on a broad range of cancer-related legal issues, including health insurance, employment, government benefits, estate planning, advanced health care directives, family law and consumer assistance. Through a national toll-free Telephone Assistance Line (866-THE-CLRC), callers can receive information about relevant laws and resources for their particular situation. The CLRC volunteer panel of attorneys and other professionals provide more in-depth information and counsel to CLRC callers. All CLRC services are free and confidential. Services are available in both English and Spanish.

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Disabilityinfo.gov
www.disabilityinfo.gov

This Web site, sponsored by the federal government, provides information about accessibility and disability issues. Employment issues that are covered include workplace accommodations, vocational rehabilitation, assistive technology, self employment and more. Other topics include education, housing, transportation, technology, health care, insurance, government programs and civil rights. Links to other federal, state and local agency Web sites are provided.

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Equal Employment Opportunity Commission
www.eeoc.gov

 

Email:	info@ask.eeoc.gov
Phone:	1-800-669-4000 TTY equipped for deaf and hard of hearing callers: 1-800-669-6820 Calls are answered by customer service representatives from 8:00 a.m. to 8:00 p.m. (EST). Translators are available for more than 150 languages.

The EEOC is the federal agency that oversees and enforces employment laws. The Web site provides information about different types of discrimination, how to file a charge of discrimination and important laws regarding this subject. Information on the site is available in Spanish and several other languages.

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LIVESTRONG Navigation Services
LIVESTRONG.org/Get-Help

Online: Complete an intake form through the LIVESTRONG website.
Phone: 1.855.220.7777 (English and Spanish)
Navigators are available for calls Monday through Friday, 9 a.m. to 5 p.m. (Central Time). Voicemail is available after hours.

LIVESTRONG offers assistance to anyone affected by cancer, including the person diagnosed, loved ones, caregivers and friends. The program provides information about fertility risks and preservation options, treatment choices, health literacy and matching to clinical trials. Emotional support services, peer-to-peer matching and assistance with financial, employment and insurance issues are also available. To provide these services, LIVESTRONG has partnered with several organizations including Imerman Angels, Navigate Cancer Foundation, Patient Advocate Foundation and EmergingMed.

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U.S. Department of Health and Human Services-Office for Civil Rights
www.hhs.gov/ocr

 

Email:	ocrprivacy@hhs.gov
Phone:	1-800-368-1019 TTY for deaf and hard of hearing callers: 1-800-537-7697

U.S. Department of Health and Human Services-Office for Civil Rights is the federal agency that enforces Americans' health insurance privacy rights and equal opportunity for health care consumers. The Web site contains information about the Health Insurance Portability and Accountability Act (HIPAA), including consumer rights, compliance, enforcement, filing a complaint and more. If you have had a problem with discrimination or health information privacy, you can file a complaint through this site. Some information is available in other languages, including Spanish, Chinese, Korean, Polish, Russian, Tagalog and Vietnamese.

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U.S. Department of Labor
www.dol.gov

 

Email:	Send email through the Web site.
Phone:	1-866-4-USA-DOL (1-866-487-2365) TTY for deaf and hard of hearing callers: 1-877-889-5627 Calls are answered Monday through Friday from 8:00 a.m. to 8:00 p.m. (EST).

The U.S. Department of Labor is the federal agency that enforces workplace laws regarding discrimination, safety, benefits and wages. The Web site includes information about disability protections, health plans and other benefits, termination policies, unemployment insurance and leave benefits. Overviews of federal laws and answers to frequently asked questions are provided, and both email and telephone support are available if you have further questions.

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