Telling your Employer

Mind & Body | GIST in Your World (Relationships) | GIST at Different Stages of Life | End of Life

Talking to Family/Friends | Single with Cancer | Telling your Employer

Dealing with Discrimination

With earlier detection and improved cancer treatments, people with cancer are living longer, healthier lives. And, more people are returning to their jobs. A cancer diagnosis often makes people rethink their priorities and their quality of life, including their career choice and working setting. There is often a newly appreciated need to take care of oneself, and today's work climate does not always allow for this. A support group can be helpful in exploring these issues and learning how to maintain boundaries and set limits to make time for self care. Also, keep in mind that people are ready to return to their jobs at different rates, depending on a variety of factors. Some of these factors relate to the nature of the work they do, and others relate to the emotional as well as the physical healing rate.

When people do decide it's time to return to the workplace, some people may encounter obvious or subtle discrimination in the workplace. For example, some employers may assume that a person's productivity will decrease, or that performance will fall below the company's expectations during or following cancer treatment. A person with cancer may face discrimination when it comes to job promotion and/or transfer. Colleagues may even feel an added responsibility, if they believe their coworker cannot adequately perform the required job duties. Other discrimination may include being demoted for no clear reason, refused a job opening, and finding a lack of flexibility in response to requests for time off for medical appointments. This discrimination is not just an issue that faces the person who has cancer, but also the family members who are taking care of the person with cancer.

The Americans With Disabilities Act

The Americans With Disabilities Act (ADA), enforced by the Equal Employment Opportunities Commission (EEOC), provides protection and prohibits all discrimination surrounding an actual disability, a perceived disability, and a history of disability. The Act requires employers to make "reasonable accommodations" in the workplace for "qualified individuals with a disability" and protects the person with cancer from being asked personal questions outside of job-related medical questions. Under the ADA, employers are also prohibited from discriminating against a person whose family member has a disability, and are required to treat all employees fairly and equally.

The Family Medical Leave Act of 1993

The Family Medical Leave Act (FMLA) of 1993, provides protection during medical leave (when the employee is ill) and family leave such as when the employee is caring for a spouse, child, or parent who is ill. It includes the following provisions:

A total of 12 weeks unpaid leave for serious illness
Continued benefits during medical or family leave
The option to use accrued annual and sick leave during medical or family leave

The FMLA can only be enforced when certain requirements are met (such as the employer must have more than 50 employees), and an employer is not required to hold the position open if a person uses more than 12 weeks of leave in a year. Because states and districts operate differently, a person with cancer may want to contact their local attorney general's office or an employment lawyer for more information.

Information for employees

Report the incident. While people always have the option of filing a legal claim in all cases of discrimination in the workplace, they may also consider the following ways of handling workplace discrimination:

Seek the advice of a legal expert to first identify whether or not the incident was indeed an act of discrimination.
Before initiating legal action, discuss the situation with the person's employer, the human resources department, and/or an employee assistance coordinator. Ask what types of "reasonable accommodations" can be made based on the person's individual situation. These accommodations may include flexible work hours, physical accommodations made to the person's workspace or office, and/or modifications made to the person's job responsibilities.
Seek support from a local cancer support group and the person's doctor. Other people in the community may have faced the same issues.
Keep a detailed, descriptive record of all occurrences of discrimination, including dates, times, locations, people involved, and actions taken.

If a person believes an act of discrimination has occurred, the law requires a report of the complaint be sent to a local EEOC office within 180 days of the incident—this is called a statute of limitations, or the deadline for filing a complaint. It is recommended that a person contact an attorney and/or the EEOC for specific legal information based on the circumstances of the complaint.

Prevent workplace discrimination. Learning ways to avoid or prevent workplace discrimination can help people when they re-enter the workplace after cancer treatment.

Become educated. Get up to speed on the state of current projects in the department, including any setbacks or challenges. Refresh job skills.
Seek counseling about making the transition back to work.
Consider asking the doctor for a letter stating your ability to work.
If a person is seeking employment and submitting their resume, consider highlighting accomplishments and experience, instead of organizing the resume by dates of employment. Also, a person is not required to talk about their cancer in a job interview.
If a person is offered a position and is eligible for health benefits, be truthful about your medical history. If a person does not disclose information about a pre-existing condition, they may not be eligible for full health insurance coverage.
By going to work, a person is showing others there is life after a cancer diagnosis. As a person feel more comfortable about their cancer experience, they may want to help dismiss common myths about cancer, which may reduce the likelihood of discrimination.

Additional resources

The Job Accommodation Network (JAN) is a free consulting service that provides information about job accommodations, The Americans With Disabilities Act (ADA), and the employability of people with disabilities.

Cancer and Careers: Living and Working with Cancer is a resource for working women with cancer.