Accommodating employees with breast cancer
These laws include protections for job security, employment benefits and the medical claims process. There is a case of FMLA retaliation if the RIF’d employee shows that (1) he engaged in statutorily protected conduct; (2) he suffered an adverse employment action (here termination in the RIF); and (3) there is a causal connection between the two. Bellsouth Telecomms., Inc., 231 F.3d 791, 798 (11th Cir.2000). If an employee is a cancer patient or a cancer survivor, the employer may generally not discriminate because of cancer diagnosis or treatment.Employees with cancer may experience discriminatory bias or harassment in the workplace due to their disability or need for medical leave. “Temporal proximity”, or the closeness in time between the protected activity and the termination, may be a factor which courts consider in determining whether or not there is a causal connection, although temporal proximity alone is not determinative. City of South Miami, 257 F.3d 1238, 1245 (11th Cir. If an employee on FMLA leave is terminated as part of a reduction in force (RIF), the employer must show that the employee would have been terminated in the RIF if the employee had not exercised FMLA rights. The Americans with Disabilities Act (“the ADA”) prohibits employers from discrimination on the basis of a disability, which is defined as an impairment that substantially limits one or more major life activities, a record of such an impairment, or being regarded as having such an impairment.
Before a job offer is made, an employer may not ask if an employee has cancer, has had cancer, or whether he or she is under treatment for cancer. of the City of Birmingham, 239 F.3d 1199, 1206 (11th Cir.2001). An employer must be able to show that an employee would not otherwise have been employed at the time reinstatement is requested in order to deny restoration to employment. Furthermore, an employee who has taken FMLA leave may also be refused reinstatement and terminated in a RIF if the employer shows that the employee would have been included in the RIF even if FMLA leave had not been taken. Under the older version of the ADA, it was difficult to prove that a person was “disabled.” However, a significant change in the law came in 2008.JAN’s Accommodation and Compliance Series is designed to help employers determine effective accommodations and comply with Title I of the Americans with Disabilities Act (ADA).Each publication in the series addresses a specific medical condition and provides information about the condition, ADA information, accommodation ideas, and resources for additional information.Title I of the ADA covers employment by private employers with 15 or more employees as well as state and local government employers.Section 501 of the Rehabilitation Act provides similar protections related to federal employment.Others find that they need more rest or just feel too sick to do much.
Your doctor may also want you to limit some of your activities.
Therefore, today there are more employees with cancer and cancer survivors in the workplace than ever before. The regulations provide that job restoration (but not FMLA leave) may be denied to “key employees,” defined as salaried employees within the top ten percent of salaried employees working within a 75-mile radius of the employee’s worksite, if it can be shown that restoration would cause “substantial and grievous economic injury to the employer’s operations.” 29 CFR §825.217(a)-(c) (2009).
If an employee has or has had cancer, many state and federal laws may apply, including the disability laws and the new health care reform law, “The Patient Protection and Affordable Care Act” (PPACA). Therefore, if an employee has cancer, and gets swept into a RIF, there are legal considerations. In order to deny job restoration on key employee grounds, however, the employer must notify the employee in writing of key employee status prior to commencement of the FMLA leave, and warn the employee of potential denial of reinstatement and loss of health benefits, if the employer should determine that substantial and grievous economic injury to the employer’s operations will result. Therefore, a “key employee” on FMLA leave may be swept into a RIF under the “key employee” exception, but only if proper written notice was provided in advance of FMLA leave.
Despite significant gains in cancer survival rates, people with cancer still experience barriers to equal job opportunities.
Often, employees with cancer face discrimination because of their supervisors' and co-workers' misperceptions about their ability to work during and after cancer treatment.
Still, many people are able to keep working while they’re getting cancer treatment. Some work the same schedules with special conditions, like being closer to the office bathroom so it’s easier to deal with side effects.